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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1591
Experience:  BCom; LLB; Masters in Law
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I was trying to find parking space in the casino's

Customer Question

I was trying to find parking space in the casino's undercover parking when the car(Range Rover) suddenly jumped out of control became uncontrollable damaging 9 other cars. I was still inside the car and it just continued to hit one car after the next. Landrover says it might have been caused by the a faulty automaitic gearbox but they are not sure until they have tested the car. The car is badly damaged and possibly a write off. The owners want me to pay for damages. The car is in my wife's and discovered that day that she had been missing insurance premiums and never told me. I am devastated. What are my options?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: I have a lawyer friend but is not helpful
JA: Is there anything else the Lawyer should be aware of?
Customer: That some of the cars were extensively damaged and some were not insured like this one
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and connect you two.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Look, I'm going to be honest with you and tell you that the fact that your wife's car might not be insured is a massive concern for me.

The owner of the casino and the owners of the other cars that were damaged would have a claim against you for the damage that you caused. If your wife's car was properly insured (and you'll need to check with her insurance company) then it would not be an issued because your wife's insurance company would settle all of those claims.

But if the insurance company hears that there are multiple claims, and then they see that there is a legitimate reason that they could escape liability, I'm quite sure that they would take it!

So in my opinion you would be liable yourself (as the driver) to the other owners.

But, there might be the opportunity to say that Landrover is liable if the accident was cause by a problem with your wife's car's automatic gearbox. You could essentially shift the blame onto Landrover.

If you were sued, you would join Landrover as a third party to the legal proceedings and you would ask the court to order Landrover to pay any amount that you are ordered to pay to the owners.

Your best bet is to get the insurance company to take liability.

The fact that your wife has missed some premiums does give the insurance company the legal right to repudiate any claim, and to cancel the agreement.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - dont just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,

CaseLaw

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?

Regards

CaseLaw

Expert:  CaseLaw replied 1 year ago.

Hi there again,

I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.

If you have a further question please ask it?

Regards

CaseLaw