CLAIM FOR EXCESS

was involved in an accident last year where the other driver changed lanes without noticing my car. My car ws damaged on the left side just around the front left wheel. The other driver admitted guilt. A claim was subsequently lodged with my insurance and l had to pay an excess of R5,000. After the car had been repaired l requested my insurance company to recover my excess. They reported that Absa Insurance (3rd party cover) found me 40% liable for the accident!! I apparently did not do enough to evade being hit by the other driver. This not withstanding the fact that evasive measures had been taken in heavy morning traffic. How my culpability for the 40% was calculated was not explained. i therefore have not been awarded a cent of my excess back. If using their claim to my liability, why then was l not given 40% of my excess back?