Discovery payout proposal to third party Absurd and ridiculous, with an excuse of Contributory Negligence

I was involved in an accident with a client of discovery insure, claim number ***2328.

I rejected the statement and contested it as I am not even remotely at fault, as discovery insure quoted the ACT 35 of 1956, where they say I am partially negligent in this instance and as per the ACT they have not bothered to prove my so called neglect in any of your communications sent to me. They merely assumed and opinionated the situation and concluded on their own that I need to receive this small settlement (R3251.52) as I am partially at fault. The Incident happened as stated below and this has been communicated on numerous occasions to Discover Insure: Their client failed to slow down and stop at a visible stop sign, he proceeded to drive through the stop sign at a very fast speed. I would even believe that he did not obey the speed limit in a residential area. As we got out of our vehicles your insured aggressively approached and accused me of not stopping at the stop sign, he did not even realize that he was the one that drove over the sign and that I had right of way. Your insured was driving at such a speed that I could not avoid him and push brakes in time to prevent colliding with his vehicle. The other third party involved had stopped as she was supposed to and obeyed the rules of the road whereas your client deliberately drove straight across the road and did not consider the signs as supposed to. I again requested that they reconsider Their ridiculous and absurd offer as their insured, is responsible for his actions in neglecting to obey the law of the road and put myself and others at risk when the incident occurred. Their offer and suggestion that I am at fault is inaccurate and absurd. I attached photographs for their re-consideration of the incident, which proves that I was not at fault and also shows where all parties involved where situated. I was driving at the required speed limits and obeyed the laws of the road; their insured gave me no chance of recon to try and avoid him due to the speed he was driving and I could not prevent the collision/or colliding into him.

As per the telephonic conversation I had with Paballo Kekana( discover Legal liability advisor), dated 5 June 2019 which I have recorded and attached to this email, as She advised me if I was a client the claim would have been settled in full and this goes far to prove how unjust and ********* your company is. I asked to speak to the manager of the department where as they directed me rather to the team leader. I have spoken to Zwele Mashele(Discover Liabilities team leader) and explained it all again to him but with the same outcome and was advised there is no other recourse on this matter, if this is how they deal with a non-client I fear to know how they deal with their actual clients.

{What is contributory negligence? Where the plaintiff suffers damages, which are partly caused by his/her own fault and partly by the fault of the wrongdoer, the plaintiff’s damages claim is reduced based on his/her fault. In determining contributory negligence: both parties must have acted negligently to cause the damages; the parties must have deviated from the behavior of a reasonable person; and there must be a connection between the negligence of the parties and the damages suffered. 'Contributory negligence is raised during court proceedings and the wrongdoer will have to prove that the plaintiff contributed to the damages suffered.'}