C*** - Third party claim - Miway is ridiculous.... be warned!!!!!

my wife was with Miway for over 10 years and left them because of their unfair and pathetic service, we really thought we wouldn't have to deal with them again until the 28th May 2019 happened..... Let me share my worst experience:

Early hours of May 28th, 2019, Miway client's car collided with a blue mazda then (Miway client's car crashed into my (property) wall.

Miway client failed to stop at the four-way stop when the accident occurred, and apologized/acknowledged same in front of me and all witnesses and both parties confirmed that the other party (Mazda was 100% not at fault)

Miway then requested us to get 2 quotes on damages of our property... info and documents requested from us were submitted, We cooperated. After about a month their assessor came to assess our property (wall) damages, my wife and i had to call and follow up with my Miway every second day and the person handling our third party claim Kubeshnee Naidoo was extremely rude every-time we called.

to cut the long story short.... Miway is now only willing to settle 80% of my claim and has instructed me to get the remaining 20% from the Mazda lady because she is found to be contributory negligent even when she was not at faulty and her claim has already been paid out/settled by Miway and now she's expected to contribute 20% portion of my claim.

We discussed the above with the other party (Madza lady) and she's obviously refusing to pay the 20% since her claim was long settled by Miway and she was not at fault and her vehicle didn't touch/damage my property.

Miway is looking for excuses not to settle my claim 100% why would they settle someone their client pumped into and expect her to settle 20% of my portion when she was 100% not at fault and her car was not the one that collided into our property.

*************************************************************************************** Hi Karabo,

Thank you for your mail. Please note that we will not respond to each and every allegation as set out in your mail hereunder, and our refusal to do so must in no way be construed as an admission of same, but rather the opposite.

I have worked through this matter and confirm that the other party’s damage was not settled 100% on the file Lana assisted with.

We confirm that unbeknown to Kubeshnee, Lana did settle 80/20 apportionment to the other party, same which was accepted and the payment was accordingly made whereby the other party accepted 20% contributory negligence.

We profusely apologize for the oversight and confirm that Kubeshnee will send the updated offer to you for 80% straight.

You then need to claim the 20% contributory negligence from the other party. Madeleine van der Walt <***> To: Thulile Manana Cc: karabo Matloha , Kubeshnee Naidoo , LegDocs

Nov 27 at 10:35 AM

Hi Thulile,

When a collision occur, we look at the merits (how the collision occurred) and all parties involved negligence are determined.

We confirm that we are guided by the Law of Delict, case law of matters with the same merits together with the Court’s previous and binding decisions.

We confirm that the other party was not the sole cause but is found to be contributory negligent, same which was accepted by the other party in signed the settlement agreement that was forwarded to them.

Madeleine van der Walt <***> To: Thulile Manana Cc: karabo Matloha , Kubeshnee Naidoo , LegDocs

Nov 27 at 10:35 AM

Hi Thulile,

When a collision occur, we look at the merits (how the collision occurred) and all parties involved negligence are determined.

We confirm that we are guided by the Law of Delict, case law of matters with the same merits together with the Court’s previous and binding decisions.

We confirm that the other party was not the sole cause but is found to be contributory negligent, same which was accepted by the other party in signed the settlement agreement that was forwarded to them.

Madeleine van der Walt <***> To: Thulile Manana Cc: karabo Matloha , Kubeshnee Naidoo , LegDocs

Nov 27 at 10:35 AM

Hi Thulile,

When a collision occur, we look at the merits (how the collision occurred) and all parties involved negligence are determined.

We confirm that we are guided by the Law of Delict, case law of matters with the same merits together with the Court’s previous and binding decisions.

We confirm that the other party was not the sole cause but is found to be contributory negligent, same which was accepted by the other party in signed the settlement agreement that was forwarded to them.

Madeleine van der Walt <***> To: Thulile Manana Cc: karabo Matloha , Kubeshnee Naidoo , LegDocs

Nov 27 at 10:35 AM

Hi Thulile,

When a collision occur, we look at the merits (how the collision occurred) and all parties involved negligence are determined.

We confirm that we are guided by the Law of Delict, case law of matters with the same merits together with the Court’s previous and binding decisions.

We confirm that the other party was not the sole cause but is found to be contributory negligent, same which was accepted by the other party in signed the settlement agreement that was forwarded to them.

Thulile Manana <***> Nov 25, 2019, 11:05 AM (3 days ago) to matlohak

Good day

Trust that you are well

Kindly note that I’ve spoken to the driver of the other vehicle involved (Mazda) and she isn’t willing to settle the remaining 40% as per the below email received from Kubeshnee Naidoo and the below wereher reasons:

Your client Matlhodi was the one who caused the accident, she acknowledged same and took the blame/responsibility (in front of all the witnesses)

The accident occurred because your client Matlhodi collided with her vehicle (Mazda) because your client failed to stop at the stop street

Your client’s car was the only one that collided into my wall at residence no 17 Leerdam street Witpoortjie as per the sketch and pictures attached and previously forwarded to you

Why was her claim (Mazda’s) settled within 2 weeks by yourselves and now expected to settle the 40% of my claim (when she wasn’t at fault and your client acknowledged she’s the one who caused the accident)

Trust you find the above in order and settle the full claim. If you have questions don’t hesitate to contact me

Kind regards Karabo Matloha ***

Karabo Matloha Attachments Nov 25, 2019, 12:19 PM (3 days ago) to ***, Kubeshnee, karabo, me

Good day

Trust that you are well

Kindly note that I’ve spoken to the driver of the other vehicle involved (Mazda) and she isn’t willing to settle the remaining 40% as per the below email received from Kubeshnee Naidoo and the below were her reasons:

Your client Matlhodi was the one who caused the accident, she acknowledged same and took the blame/responsibility (in front of all the witnesses)

The accident occurred because your client Matlhodi collided with her vehicle (Mazda) because your client failed to stop at the stop street

Your client’s car was the only one that collided into my wall at residence no 17 Leerdam street Witpoortjie as per the sketch and pictures attached and previously forwarded to you

Why was her claim (Mazda’s) settled in full by yourselves and now expected to settle the 40% of my claim (when she wasn’t at fault and your client acknowledged she’s the one who caused the accident)

Cynthia ( cell no: ***) the Mazda lady also advised that her claim was settled in full within 2 weeks...she submitted 3 quotations and you selected 1 out the 3 she submitted and her claim was paid/settled within 2 weeks.

Trust you find the above in order and settle the full claim. If you have questions don’t hesitate to contact me

Kind regards Karabo Matloha ***

Sent from Mail for Windows 10

From: Kubeshnee Naidoo Sent: Monday, 25 November 2019 11:30 To: karabo Matloha Cc: LegDocs Subject: C***-Uninsured Settlement Offer//

Good day

As discussed, my managers email is ***.

Thank you.

Please note that we work on a first in / first out basis – kindly send follows up via email in order for me to attend to same.

Kindly note that all e-mails send this inbox are attended to on first in first out basis.

Please note that all emails and attachments sent from this mailbox are sent on a without prejudice basis and are subject to all of our (and our insured’s) existing rights which are hereby expressly reserved.

Kind regards,

Kubeshnee Naidoo

Legal Advisor

t: ***

|

f: ***

|

e: ***

cid:[email protected]

MiWay_Disclaimer

MiWay Insurance Ltd. 48 Sterling Road, Samrand Business Park, Kosmosdal Ext 12, 0157, Gauteng. Reg No: ***. MiWay is a licensed insurer & FSP 33970. Ts & Cs apply. Board of directors. View our email disclaimer, alternatively send a blank e-mail to ***

» Help the environment - please don't print this email unless you really need to!

From: Kubeshnee Naidoo Sent: Friday, November 22, 2019 4:13 PM To: karabo Matloha <***> Cc: LegDocs <***> Subject: C***-Uninsured Settlement Offer//

Good day,

The aforementioned bears reference: Kindly find the release offer and assessment attached.

Please find calculations below: