Road Accidents – What can you claim from the Insurer of the third party vehicle?
This is my final instalment of the Road Accident series. In this final instalment, I will be exploring the various headings of claims which one can make against the insurer of the third party vehicle in the event of a road accident. This is provided negligence can be established against the owner and / or driver of the other vehicle.
Property Damage
If you vehicle was damaged in a road accident due to the negligence of the driver of the other motor vehicle, you can submit a claim for the repairs and or replacement of your damaged vehicle. Common items which are claimed under this type of claim are repair costs, loss of use of vehicle, adjuster’s fees incurred and documentation fees (eg. Police reports and RIMV search). The disadvantage of this type of claim is that it may take some time before an offer is given to you by the other vehicle’s insurer and even when an offer is given, it usually does not compensate you for all your monies spent as a result of the road accident. An alternative would be to submit a claim to your own insurer called OD-KFK (Own Damage – Knock for Knock). In this type of claim, your insurer will usually deal with the repairs and payment of the repair costs as well as adjuster’s fees. For loss of use and documentation fees, you still need to claim from the other insurer.
Bodily Injury
If you have been injured in a road accident due to the negligence of the driver of the other motor vehicle, you can submit a claim for pain and suffering and loss of amenities due to the injuries suffered and expenses incurred. If you are working and you have suffered loss of income or your post-accident income has been reduced by reason of the residual disabilities arising from the injuries, you may also submit a claim for this. If your doctor is of the view that a future operation may be necessary, you may also claim for the cost of such future operation. Where nursing care is required and reasonable in the circumstances, cost of nursing care may also be claimed. The amount payable for pain and suffering and loss of amenities due to the injuries suffered depends on like cases in the past which are taken as precedence.
Loss of Dependency
Where a breadwinner succumbed to his injuries in a road accident, his dependants may make a claim against the insurer of the other vehicle in the event negligence could be established. The amount of damages payable are guided by the law and I have written extensively on this subject previously. You may read about them in my topic entitled Compensation for Loss of Dependency arising out of Fatal Road Accidents.
Note
As each accident is unique on its facts, no two claims are the same. The fact that someone that you know was previously compensated X amount of dollars for a certain damage or injury arising out of an accident cannot be taken as the same amount which you will be getting. It would be necessary to consult your lawyer for a more realistic assessment of your claim.
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