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Insurance firm insists driver was drunk, even though a sergeant at the scene said the passengers were drunk but he was not
When Lesiba Kekana (37) was involved in a car accident almost two years ago, he thought his insurance would pay out.
For one thing, his was the only vehicle involved in the crash that took place as he tried to avoid a cow on Maubane Road on his way to Hammanskraal.
For another, he was found by the police officer at the scene to not have been drunk.
But instead, Kekana has become embroiled in a protracted battle, now turned legal, as insurance company MiWay rejected his claim, insisting he was drunk and that the police officer didn’t charge him for drunk driving because he was “polite and well-mannered”.
MiWay brand and marketing head Nthabiseng Moloi said, although the company couldn’t comment because the matter was before court, Kekana had lodged a complaint with the insurance ombud who found in the company’s favour.
But, contacted by City Press last week, the same officer from Temba Police Station who wrote the accident report denied ever saying that Kekana was drunk at the time of the crash.
Kekana, who was not subjected to a blood-alcohol test, now says he’s on a crusade against the company which he believes “manipulated the law” to get away without paying him.
He says he had been paying the company about R700 a month for insurance on his paid-up car when he crashed into the stray cow just after 2am on July 22 2017.
He called the police and the insurance company after the crash. The police were first to arrive and the insurer sent a tow truck after the police had left.
Kekana says he had given two hitchhikers a lift but they weren’t interested in providing their details or affidavits to the police and didn’t want to be involved in any official processes.
His trouble began two days after the crash when he filed his claim.
In the vehicle assessment report five days after the accident, MiWay’s assessor wrote that although the car was repairable, it was decided to write it off because it would cost too much and take too long to fix, and spare parts might not be available.
Three days later a MiWay assessor asked Kekana to take him to the accident scene, which he did. This was followed by another interview a few days later.
“We had another interview and this time it was the assessor, his manager and myself. The interview was a bit harsh and abusive, just by the way the questions were asked. I ended up telling them that if there was anything that they might think was not disclosed to them relating to the accident, I personally suggested they contact the SAPS as I had already filed a police report,” Kekana said.
“Surprisingly, the assessor and the manager had the guts to tell me that they had spoken to the officer who told them that I was under the influence of alcohol during the accident and the reason I was not arrested was because I was sweet and cooperative. They had spoken to the tow truck driver who said I was drunk and that if I continued with this matter they would make sure I went to jail because they had all the evidence.”
But, speaking to City Press last week, the sergeant, who asked not to be named, said: “What I said to the insurer was that I suspected his passengers of being drunk, but not the driver. I didn’t suspect him of being drunk because when I asked him questions all his responses were coherent and relevant. I did not say I suspected he was drunk.”
Kekana lodged a complaint with MiWay but its resolution office dismissed it saying he was dishonest about his whereabouts before the accident, did not want to provide his passengers’ contact details, and the tow truck operator said he was drunk and the car smelt of alcohol.
“I did not think something like this would happen to me. If there was something wrong with what I did, MiWay should have reported me to the police and also charged that officer, but they didn’t.”
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