Summons to accept liability to pay insurance company
In December 2015 I was in a car accident and I was at fault. I had insurance and the other driver also had insurance. We both claimed from insurance and cars were repaired. in September 2017 the other driver’s insurance company contacted me stating that my insurance company did not pay the claim and that I am liable.
I was unaware that they did not pay, and I paid my insurance premiums. My insurance company eventually liquidated in October 2016.
I now have a summons to give intention to defend or be liable.
I also cannot afford a lawyer and not sure if I have a case.
The thing is that you cannot unfortunately take any civil action against your insurer in the face of the liquidation order granted by the court. However, unpaid claims will be considered by the liquidator as part of the liquidation process and possibly settled once the liquidator is able to assess the total assets available to meet every creditors claims. What you may do is contact the liquidator if any has been appointed.
Regarding the summons, my advice is that you respond to it. Failure to do so may result in a default judgement being granted by the court against you. However, because of your financial position, you can approach any probono facility near you.
You may also seek assistance from the office of the ombudsman for short term insurance. They may mediate the matter. Contact Advocate Deanne Wood. 011-7268900. 0860-726890. Info@osti.co.za.