My husband bumped into neighbors car with my uninsured bakkie…
My husband (we are married ANC without accrual) was parking my vehicle for me and accidentally reversed into the neighbors vehicle with my bakkie. The bakkie was uninsured at the time. A year later the insurance recovery clark (Santam) is trying to recover this damages of R30 000.00 from me as she said it was my vehicle and I am liable to pay. My husband did pay the owner of the vehicle an amount of R3000 which he said would cover the damages – a dent on his car door, but there is no paper trial to verify this. Bottom line – am I liable for the R30 000.00 I no longer own the bakkie – have another insured vehicle now.
The insurer is trying to rely on the principle of subrogation, and that is not applicable because you cannot compensate doubly over a single cause of action, i.e, the vehicle owner(neighbour) and the insurer. Our law is very clear- all claim must be brought in one action(res judicata). You simply have to inform the insurer about the full and final settlement payment your husband made to the neighbour in respect of the damaged vehicle. The fact that it was not reduced in writing is irrelevant.