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Proof Requirements in Insurance Claims

  • Oct 6, 2023
  • 1 min read

A successful insurance claim requires proof. The insured must be able to show not only that a loss occurred, but also the amount claimed.


What happened?

In a Gauteng matter, Mr Muambadzi claimed against King Price Insurance after allegedly paying R213,000 to a panel beater for vehicle repairs following a collision.


He relied on evidence of a banking payment transaction. The magistrate granted judgment in his favour against the insurer.


The appeal

King Price appealed, arguing that Mr Muambadzi had not produced witnesses or expert evidence to prove the repair work and the amount claimed.


Practical point

In insurance disputes, documentary proof should be supported where necessary by proper evidence. A claimant should be prepared to prove the loss, the repair costs and the basis of the claim.

 
 
Need guidance on an issue?

For advice on your matter, contact Hertzberg Salant Attorneys.

Call +27 11 883 6000, email info@hersalaw.co.za, or send an enquiry below.

This article is for general information purposes only and does not constitute legal advice.

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