3rd Party Victim of a Hit and Run and was told I am to blame!

SUMMARY OF COMPLAINT POLN:*** CLM:07 OPER:VA0012 DOC:FA

1. The dispute pertains to an incident that occurred on 21 February 2022 (the incident), which resulted in me suffering damages and injuries to my person and my property as a direct result of the actions of Mrs SJ Shneier. As a result I have suffered a loss in the amount of R53 112.25 as follows:

1.1. Vespa Motorcycle Repairs – R35 414.25 1.2. Gucci Ace Embroidered Sneakers – R11 300.00 1.3. Garmin Instinct Watch – R5 699.00 1.4. Zara Jeans – R699.00

2. First for Women refuses to cover my damages in the amount of R53 112.25 and has insisted on an 40/60 apportionment in favour of Mrs Shneier in the amount of R8 500.00 which is deemed sufficienet to settle my claims, as it is your claims handlers view that Mrs SJ Shneier was not the sole cause of the accident. With respect, your claims handler cited the following case:

2 2.1. Protea Assurance Company Limited v LTA Building (SWA) Limited and another 1988 (1) SA 303 (A); 2.2. Sullivan v Economic Insurance Company 1955 (4); and 2.3. Rose’s Car Hire Company (Pty) Ltd v Rice 35 PHO 39.

3. Your claims handler has, with respect, app**** the facts in the above mentioned cases and found them to be applicable to the current set of facts of my matter. Mrs SJ Shneier hit my vehicle from behind and in the circumstances, I could not have avoided the collision especially in the circumstances where Mrs SJ Shneier was attempting to perform an ******* U-Turn. This is confirmed in the attached witness statement of Ms. Melanie Bragg attended to the claim. The above mentioned cases refer to circumstances where the driver had to keep watch or be aware of side streets / stop streets and the failure to do so constituted the failure to keep a proper lookout. In the current set of facts, Mrs SJ Shneier collided with my Vespa from behind when she left the complex that she was exiting.

4. Whilst I accept that there may be some degree of negligence which can be attributed to me in terms of the case law you have cited, I did not see Mrs Shneier exiting her complex and although there was no reasonable possibility that I ought to have (with the benefit of 20/20 vision and hindsight) forseen that she may have crossed the road without having regard to me, for the sake of settlement I will agree to hold the degree of negligence attributable to me but not to be fixed at 60% as proposed by you which is totally inappropriate in the circumstances.

3 5. I am entitled in so far as is reasonably possible to be placed in a position prior to the incident occurring by First for Women before I incurred and suffered the damages mainly through the negligence and in fact recklessness of your insured driver Mrs SJ Shneier.

THE COMPLAINT AND INCIDENT

6. On 21 February 2022, Mrs SJ Shneier was exiting her complex, being the Cindywood Complex at 140 Rivonia Road. The road in question is a triple lane road.

7. Mrs SJ Shneier, failed to keep a proper lookout and attempted to cross over 3 lanes in order to reach a point to perform an ******* U-turn onto the other side of Rivonia Road to travel North.

8. I was travelling on my Vespa s****** South along Rivonia Road when suddenly and without any warning Mrs SJ Shneier at a very quick speed came directly into the path of my Vespa’s travel. I immediately app**** my breaks and hooted at her. I was placed in a situation of sudden emergency by the unexpected actions of Mrs SJ Shneier who came directly into the road towards my path of travel. Mrs SJ Shneier collided with the back left hand side of my Vespa.

9. I managed to avoid serious injury and when I attempted to approach Mrs SJ Shneier’s vehicle she drove away from the scene of the accident caused by her driving, as per the video. I wish to state further that in view of the circumstances there was nothing that I could have done further to avoid the collision.

4 10. In the circumstances, Mrs SJ Shneier:

10.1. failed to immediately stop the vehicle and report the accident; 10.2. failed to check if I had sustained an injury, as well as the seriousness of the injury, and render assistance to me as the injured person if she was capable of doing so. 10.3. Failed to provide her details to anyone having reasonable grounds for requesting her details; 10.4. Failed to ensure that her vehicle, which was involved in an accident where another person has been injured was not removed from the position in which it came to rest until the removal has been authorised by a traffic officer.

SUBMISSIONS

11. I deny that my actions contributed, in any substantial manner to the accident and it is clear that Mrs SJ Shneier was the main if not the sole cause of the accident

12. Subject to what is contained in paragraphs 15 and 16 below, should 1st for Women fail to restore me into the position I would have been prior to the incident then I will proceed with the issuing of summons and seek the appropriate costs order as well as a damages claim for hiring an replacement vehicle and all the damages that I have sustained.

5 CONCLUSION

13. From the above, it is submitted that 1 st for Women has not discharged the onus on it to prove that Mrs SJ Shneier was not the sole cause of the accident taking into account her actions and conduct that she further ********ly fled the scene of the accident without stopping or ascertaining any injuries or damage.

14. Furthermore, 1 st for Women have declined to provide material evidence of the above other than citing 3 case law precedents which are not applicable to my case.

15. Accordingly, purely for the sake of avoiding litigation and entirely without prejudice to my rights which are strictly reserved, I would be prepared to settle this matter is I am paid an amount of R47 801.03 which sum equates to an amount equivalent to the damages I have sustained.

16. This effectively means that for the sake of settlement Mrs Schneier is held liable for 90% of my damages. If I am not paid this amount of R47 801.03 on or before but by no later than the 30th of June 2022, I will immediately issue summons against your insured for an amount equivalent to 100% of the damages I have sustained.