Page 47 - Claims Binders Mandates and Guidelines

Recoveries and Third Party Procedures
3.4 Documents required on claimant's third party claims:
3.4.1 Letter of demand
3.4.2 Sketch and description
3.4.3 Photographs/witness statements
3.4.4 Assessor’s report
3.4.5 Final tax invoice in respect of repairs
3.4.6 Towing and storage invoice
3.4.7 Car hire invoice
3.4.8 Salvage invoice.
3.5 When deciding to either refute or make an offer of settlement to a third party or accept a settlement offer from a third party, the file handler must carefully consider the merits of each matter with due regard to the applicable case law, legislation, and service level agreement (where applicable).
3.6 All reasonable measures must be taken to pursue recoveries and save on third party liabilities. This must be done with due consideration for the cost and risk of litigation and the use of external service providers, for example contingency agents, attorneys, etc.
3.7 The binder holder partner must ensure that he/she fully understands and adheres to the standards and procedures set out in the SAIA Code of Conduct with regard to the handling of third party claims and recoveries.
3.8 In general, the binder holder partner must act in good faith, and third party claims and/or recoveries must be dealt with judiciously and expeditiously, and in a transparent manner.
3.9 In appointing service providers and making payments, the binder holder partner must adhere to the claim’s payment and procurement procedures, and in particular:
3.9.1 make use of service providers as per the agreed panel
3.9.2 ensure that the necessary documentary proof is available for all payments made to service providers, third parties and the claimant, for example invoices, settlement releases, proof of banking details, etc.
3.9.3 ensure that they adhere to the correct treatment of VAT when making payments, for example, Section 8(8) VAT and output VAT, etc.
4. PERSONAL AND PUBLIC LIABILITY CLAIMS
4.1 All Personal and Public liability claims must be referred to Hollard Insure to be attended to by Hollard Insure’s Legal department.
4.2 New referrals (i.e. only when a third party approach is received) must be emailed to: summons@hollard.co.za.
4.3 On notification of a potential liability claim, the following documentation must be submitted to Hollard
Insure:
4.3.1 Notification schedule
4.3.2 Schedule of Insurance
4.3.3 Policy wording
4.3.4 Completed claim form
4.3.5 Third party approach
4.3.6 Any other details or documents received in relation to the claim.
4.4 Hollard Insure may instruct a loss adjuster or assessor subject to the merits, quantum, and reinsurance treaties.
4.5 Hollard Insure may request further documents and information for verification purposes from the binder holder and third party. No settlement offer will be forthcoming should documents be outstanding.
4.6 No loss adjusters or motor assessors may be appointed without Hollard Insure’s instructions.
4.7 The binder holder must refrain from making any form of a settlement offer to an insured/third party without Hollard Insure’s instruction.
Claims Binder Holders Mandates and Guidelines – V6: 2022 Page | 45