Radio presenter and renowned gospel artist, Khaya Mthethwa, has won a civil claim against MiWay Insurance company.
The lawsuit came after Mthethwa had a car accident on December 26 2016, and the insurer refused to pay.
Mthethwa took the matter to the Gauteng High Court, and the case was ruled in Mthethwa’s favour. The court instructed MiWay Insurance to pay damages plus legal costs.
Condemned insurer on social media
On Tuesday, Mthethwa took to his Instagram page and bashed MiWay Insurance for ignoring his emails and subsequently failing to pay his claim as per the high court order.
In his scathing post he wrote: “@miwayinsurance I’d like to know why our emails since Nov 2024 have been ignored by your legal department? My claim was declined in 2016 and I finally got my day in court with you guys last year in Feb and we won the case!! Now it’s a mission to get you guys to settle this claim and I’m sick and tired of chasing. I really hope I’m the only person getting this kind of treatment.”
He also attached a judgement from the Gauteng High Court.
The judgement contains the details of the case and it further confirms that Khaya won the case against MiWay Insurance.
High Court ruling in favour of artist
Part of the judgment reads: “The plaintiff instituted an action against MiWay Insurance Limited after the insurer repudiated his claim for indemnification under the policy insurance pursuant to a motor vehicle accident that occurred at around 05h30 on the morning of 26 December 2016, wherein the insured vehicle was damaged.
“From proven facts and the evidence before me, there is no evidence that suggests that Mthethwa supplied the insurer with dishonest information relating to the speed he was driving, and how the accident occurred.
“The insurer cannot succeed with its grounds for repudiation as pleaded. Consequently, plaintiff [Mthethwa] is entitled to judgment in his favour.
Plaintiff entitled to costs and damages
“The plaintiff [Mthethwa] argued that he is entitled to costs on the following that he had consulted with his legal representative and arranged for travel, and accommodation for the police officer who was present at the scene after the collision because the defendant had intended to pursue its defence that the insured driver was driving under the influence of drugs and/or alcohol up until the morning of the trial.
“The insurer is liable for the plaintiff’ proven or agreed damages, including the retail value of the vehicle, less the excess plus the interest on the aforesaid, from 26 December 2016.
“The credit shortfall, storage and towing charges as per the policy, plus interest on the aforesaid and finance charges on the loan to the date of the payment. And the additional interest he incurred as a result of the defendant’s repudiation.”
The post only opened the floodgate of complaints from MiWay customers and potential customers.
By Wednesday, February 5 2025, MiWay Insurance had settled with Mthethwa.
Mthethwa took to his Instagram page and updated his friends and supporters.
Insurer quickly responded following social media rant
“MiWay has settled the claim, I’ve been battling to get a response from them. We signed the settlement yesterday, they are processing the claim as we speak. I’m sure by the end of the week it’s going to be done. And I just want to thank you for helping me spread the word. Thank you for your support and for sharing your own personal frustrations about insurance companies. This is the power of social media.”
Sunday World tried to get hold of Mthethwa but his phone was off.
Thanyani Muthaki from MiWay Insurance confirmed that they have settled the matter.
“We have settled in full. The delay was around reaching consensus between the legal teams on the settlement amount,” said Muthaki.
He also could not divulge the settlement amount.
