Breach of contract and broken promises

I was recently involved in an accident where I was literally standing at a red traffic light and the driver behind me slammed into my car.

Miway had the vehicle inspected and provided a quote to fix the car. The quote was for used parts on the vehicle. This seemed odd as I checked my policy and the website and nowhere did it state that they use used parts on the vehicle.

I contacted Miway and they advised that it was in my policy and that one of the managers, Tshepo Moeketsi, had stated that this was a fair practice. I asked that they show me the policy to which they sent me an article from the Ombudsman that says that they do not see any issue with the use of used parts. I rep**** back to Miway stating that this would be considered false advertising as I would have chosen a different insurance company if they had told me that they use used parts on the car.

Tshepo Moeketsi confirmed that the parts were used and refurbished and pointed to a section in my policy that says Miway can choose which ever repairer or supplier of their chose. I challenged this and stated that I agree that you could use which ever repairer or supplier but it doesn't state that you can use used parts and that it is not advertised that you could do so.

Tshepo Moeketsi then asked what I would like to do. To which I rep**** that I do not want used parts used on my car and I would like them to stick to their contractual obligation. The response was "What I can do is authorise a new bumper and the rest of the parts be aftermarket, would that be fine? " I rep**** with "As discussed, I do not approve the use of used items on the the car. If you are stating that you will be using new aftermarket items, that is well within your policy. Please confirm that, if by aftermarket, you mean new aftermarket." and Tshepo then rep**** with "Yes the aftermarket parts are new."

I then received a quote with a new bumper but the other parts that were meant to be new aftermarket parts are still used parts. I obviously complained about this to which Tshepo rep**** "Please note that the few second hand parts are authorized because there is no aftermarket parts for them. Kindly note that we have tried to assist you as far as we can regarding parts however we are not going to authorise brand new parts as your vehicle is a 2008 model and out of warranty." breaching the promise that she made to me.

I was not at fault for the accident and there was nothing that I could do to avoid the issue and now the insurance company that was meant to be on my side is trying to cheat me.

I will be taking this matter further.