Frustrated car owner gets ‘nothing’ in R1M pothole payout

The Advertiser reported how the metro had to fork out almost R1-million to a motorist after a pothole accident almost three years ago.

Following the publishing of the article, the Advertiser was contacted by Lebohang Mathenjwa, who said that the VW Polo in which Thomas Lourens van der Merwe (the initial complainant) was driving at the time he hit the pothole, belongs to him. According to Mathenjwa, he bought the car from Van der Merwe’s car dealership and returned it to him after three months for assessment because he had experienced mechanical issues.

It was during this time that the vehicle was in possession of the dealership that the vehicle was involved in an accident.

Mathenjwa claimed that after the accident, Van der Merwe informed him that he was going to claim for the damages from the Ekurhuleni Metro and would settle him once he had done that.

“I never saw my car after the accident. To this day I don’t even know where it was towed to. I just received a call notifying me that my car was involved in an accident,” said Mathenjwa.

He said his insurance company only paid part of the settlement, as Van der Merwe was not a nominated driver.

“I’m still paying an installment towards a car and I don’t even know where it is.”

Mathenjwa said he approached Van der Merwe who “promised to sort me out once he has claimed from the metro”.

Last year, around August, Mathenjwa said he again went to Van der Merwe, who informed him that his lawyers were busy with the case and that he would sort him out around February.

But when he went back to him on February 6, after seeing the article about the payout in the paper, Mathunjwa said Van der Merwe told him the payout was not for the car but only for his injuries.

Mathunjwa believes he is being taken advantage of just because he can’t afford attorney fees.

The Advertiser spoke to Van der Merwe, who said compensation received is for hospital expenses, future hospital and medical expenses and loss of earnings.

“We do not accept any responsibility for any loss or damage to goods.

“Secondly, the vehicle that Mathenjwa bought from us was financed and insured for full comprehensive cover at market value, according to the confirmation of insurance in his file.

“We are, however, not sure what type of excess he agreed to, or the terms and conditions as per his insurance policy schedule,” said Van der Merwe.

He said that if there was a shortfall on settlement to the bank from the insurer, Mathenjwa can go to the Ombudsman for Insurance with his complaint.

Van der Merwe believes the vehicle was written off, “so it became the property of the insurance company”. “He may contact them to confirm this,” he added.

He added that Mathenjwa was not promised any money.

The Advertiser went a step further in investigating this matter by contacting Tuckers Incorporated, a law firm which handled the claim from the metro.

We requested Kenny Smith to supply us with information on whether they only claimed for the damages and expenses towards Van der Merwe’s medical expenses or if damage to the car was included.

We also requested to see the breakdown for the settlement, to confirm whether or not damages to the car were included.

Smith provided us with the settlement letter received from the Council’s legal representatives, detailing the offer and the breakdown of the settlement amount as follows:

*Past hospital and medical expenses R6 404.98.

*Future hospital and medical expenses R244 469.

*General damages R200 000.

*Loss of earnings R908 145.40.

The total payout is R951 313.56, less apportionment of 30 per cent.

Smith said that it must also be noted that “we are still awaiting payment from the Council of the settlement amount”.

He added that any agreement between Van der Merwe and Mathenjwa will have to be settled between them separately.

ALSO READ: Local businessman wins R1-m pothole claim against metro .