Landmark disputing straight forward claim

On new years eve 2016 we were going fishing early in the morning with a local fishing charter business when we smashed into a 9 month pregnant Holstein ***. Being in the front passenger position at the time my left leg was completely crushed and the bone right under the knee crushed. The owner of the ***, a dairy farmer, was on the scene shortly after and furnished us with his brokers details, the local PSG Consult. I found out later that the policy is held at Landmark and that it is insurance all farmers take out to cover them in exactly such situations when their animals get out.

Because I don't have medical aid I was taken to the local government hospital in Humansdorp and then transferred to Livingstone in Port Elizabeth. However , my family decided to provide the money to rather go to a private hospital and paid the more than R150 000 required. I was very grateful, but I was certain I would be able to pay them back as soon as the insurance pays out. It is pretty standard insurance and several farmer friends I have has claimed against it. Sometimes an animal just damages a car of a person when they're being moved, it happens.

However , Landmark refused to accept liability, claiming that it is in a ***'s nature to jump a fence and therefore the farmer can't be held liable. This is of course completely false, because ***s doesn't jump fences and especially not right before they deliver. There must have been negligence by the farmer or his workers and we shouldn't have to prove it, the fact that the *** is on a national road is proof enough.

It is now 1 year and 6 months and I can still not walk without a crutch. Being a small builder , it has severely impacted my ability to do my job. The bank has repossessed my bakkie we were kicked out of the house we were renting .

I can claim against the Road Accident Fund, but I feel the responsible person should accept liability which in this case is the farmer, and his insurance that he pays exactly for cases like this.

I feel Landmark are completely dishonest and I will be contacting the insurance ombud immediately.