Discovery 3rd party claim not honoured

I was involved in a vehicle accident with a Discovery insure member where the member drove into my vehicle and admitted that he was entirely at fault (There is a recording of this). He collided with the back left side of my vehicle as I passed by a side road where he failed to stop at a stop street. I provided all of the documents needed for a 3rd party claim and was provided with a claim number #***. I had my car assessed and the damage was valued at approximately R10700. After over 2 months of dragging their feet and me having to use a damaged vehicle they determined that I am partly to blame as I did not attempt to avoid the accident. This is how this uncaring big corporate sneakily sidesteps their responsibility. Their correspondence below:

"Negligence on a driver is measured against a driver’s failure/neglect to act as a “reasonable person”. What this means is that where a driver failed to keep a proper look-out and/or maintain a reasonable speed, he/she will be deemed to have acted negligently. Where a driver could have but failed to take evasive action to avoid a collision, he/she would be deemed to have acted negligently and thus contributed to his/her own loss."

"Preventability and foreseeability are not measured at the time of impact but what was done prior. Had you been keeping a proper look-out, you would not have failed to see our clients vehicle, had a reasonable speed been kept, evasive action could have been taken to avoid or possibly minimize the damages. In accordance thereof, we hold you contributory negligent and consequently, based on the legal principles of the law of apportionments, we may apply a 70/30% apportionment to this claim." "What this means is that we should pay 70% of your damages after deducting 30% of our client’s damages, for which we hold you accountable and for reasons explained in detail above."

Settlement Calculation: TP Quantum - R10,744.78 x 70% = R7,521.34 OD Quantum - R11,115.23 x 30% = R3,334.56 TP R7,521.34 - OD R3,334.56 = R4,186.78 "

So, basically, they say that I am partly to blame and take money from my damages and allocate it to repairing their clients vehicle and leave me out of pocket without enough money to repair my vehicle (Instead of R10700 to repair my vehicle myself as they don't assist with that, I only get R4200). I refuse to accept the outcome of this assessment and that I am in any way responsible for the accident that their client caused that damaged my vehicle. I have been in contact with their client and he assures me that he took full responsibility for causing the accident. There was absolutely no way that I could have avoided his vehicle and I did not even see him before he crashed into my vehicle. He collided with the left rear of my vehicle after crossing over the left lane and into the right lane where I was driving. I was travelling at a very slow speed as I was approaching traffic lights in heavy traffic conditions. Any evasive action would have necessitated me crossing a solid white line at an intersection into oncoming traffic. It is ludicrous that I can even be expected to avoid this accident as it was unavoidable.

Furthermore their client has had his vehicle repaired and mine is still damaged as a result of your Discovery's reluctance to fulfil its obligation to repair my vehicle.

What is even more ironic is that I am a Discovery Medical client and pay a large sum of money to discovery every month only to find in this instance that discovery is an ********* and uncaring company.

People beware that if you are the victim of a discovery policy holder's accident you will not be assisted. Discovery is closing ranks as people tighten their belts due to a worsening economy and will soon refuse to honour any 3rd party claims. The sooner Discovery is falls the better!