Let's blame the innocent victim

<p>On 18 March my husband was in an accident, because the other party did not stop at a stop sign. The other party was a man from Netherland in a rental car. We claimed from out insurance and were told that we have to pay an excess and that they would recover it from the car rental company. After months of frustration we were told that they offered R1660 while our excess was R3650. Then I found out that the rental company had done an "apportionment" of 60/40 which means they claim that 40 % of the accident was my husbands fault. This because he was moving furniture on a trailer and could not slam on the breaks, but breaked steadily. He was traveling at about 20 km per hour. The other person admitted he did not see my husband and did not see the stop sign. I was even told that if they took his excess into account, our insurance would have to pay him out. I think this is totally ridiculous. Their excuse being that as a road user you have to do everything in your power to avoid an accident. What about their client's responsibility to open his eyes and obey the road rules?</p>