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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2464
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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My brother was driving bmw and beginning of this month the

Customer Question

My brother was driving bmw and beginning of this month the he got an accident unfortunately his insurance denied to cover because end of january he has financial problems and the insurance didn't get their premium. So now he asked bmw to take the car and sell it he will pay the balance but they are delaying and the car is rating wherever it is because now he's gonna pay R6000 if he take the car from wherever towing people took it to
Submitted: 9 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 9 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Insurance policies are seen as month to month contracts and if they do not get their premiums they are entitled to reject your claim.

As far as BMW is concerned, the National Credit Act does make provision for your brother to surrender the vehicle to them and they have to sell it in auction for a market related price. If they get less than what is owed by your brother then they can sue him for the difference still outstanding.

The fact that the car is at the panel beaters who will not release it without getting payment for their storage fees does make things difficult however as BMW cannot be expected to pay those costs and if your brother wants to surrender the car, he has to give it to them without any strings attached.

The longer the car remains with the panel beater the more prejudicial it will be to his case as the panel beater's costs will increase so much that it will "eat up" any value left in the vehicle. He will have to move the car to another storage place as soon as possible and before he will be able to do that, he will have to pay the storage fees. He can however try negotiating for a reduction with the panel beater. They are open to this more often than not.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 9 months ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards