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My wife accidentaly ran over another persons foot and now this

 

Customer Question

My wife accidentaly ran over another persons foot and now this person is asking for money to go to doctor a week later. Must we give it to her

Submitted: 280 days and 6 hours ago.
Category: South Africa Law
Value: R 247
Status: CLOSED
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Expert:  JJ replied 280 days and 6 hours ago.

Hi

Welcome to Just Answer!! Thank you for giving me the opportunity to assist you.

You need to be very careful here. Is the vehicle insured?

Regards

Johann

Customer replied 280 days and 5 hours ago.

yes vehicle is insured

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Expert:  JJ replied 280 days and 5 hours ago.

Hi

In terms of your comprehensive motor policy you should have liability cover for this and in my view you should refer the matter to your insurers. If you pay, you will be admitting guilt and insurers will not assist you.

You can advise the person that the insurers will be in contact with her.

Regards

Johann

Customer replied 280 days and 5 hours ago.

My wife just gave her money, but told her to bring back receipts and proof of injury. Can we still involve the insurance?

Accepted Answer

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Expert:  JJ replied 280 days and 5 hours ago.

Hi

You can still do so, but there is a good chance that they will reject the claim.

Regards

Johann

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 95.4 %
Accepts: 3912
Answered: 7/10/2012

Experience: Admitted Attorney 17 years experience

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Customer replied 280 days and 4 hours ago.

So if the insurance does reject the claim and the lady comes back and wants more money. Must we pay her and let her sign a document that admits guilt from my wifes side and the amount and that is the only money she can get or what will our options be?

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Expert:  JJ replied 280 days and 4 hours ago.

Hi

You will have to let her sign a document that the payment will be in fiull and final settlement for all claims, including any claims in future or any consequential losses as a result of the injury.

Regards

Johann

Customer replied 279 days and 10 hours ago.

Hi


This happend last week. Is there a time limit that the lady has to open a case a t the police? I heard you have to open a case within 24 hrs?

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Expert:  JJ replied 279 days and 10 hours ago.

Hi

The case with police does not affect the civil claim against your wife. Criminal prosecution is also not going to be successful.

Regards

Johann

Customer replied 279 days and 10 hours ago.

Sorry, just want to understand. If the lady opens a case now she cant because of the time she took and my wife will not be prosecuted. But the lady can still open a civil claim?

Accepted Answer

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Expert:  JJ replied 279 days and 10 hours ago.

Hi

Correct.

Regards

Johann

Expert TypeAttorney
Category: South Africa Law
Pos. Feedback: 95.4 %
Accepts: 3912
Answered: 7/11/2012

Experience: Admitted Attorney 17 years experience

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