I'm third party claim

Good day,

You think Im desparate to take your offer and you also think I'm stupid to blame or accept the accident I didnt cause why you didn't ask your client how did she hit my car the person was driving behind my car she didn't hit me don't ever come with story I'm not stupid as you think I am send your what you call assessors to come and see the place we're accident occurred and ask your client what happened and will have to ask police to come and the person who helped me to remove my car were it was stucked. Your client took the pictures the same day of the accident and she saw my car was good so now you come with stories to put a blame on me how do you think you clever or better. I didn't cause the accident so I rather include my lawyer and my insurance will see what is the outcomes miway people your better than nothing.on your statement I don't know if you can damage your car on top of that you still owing the bank what your saying is a big stupidity and it shows me that you don't think or plan before you act.

If your client didn't cause accident even today I would not know the stupidity of miway insurance but atleast I learnt something about this poor insurance I'll advice every person I come across to not through his/her money in the drain. Fix my car as your client told you what she did and send you pictures don't tell me stories. Send your assessors to come and show me what have I done for my car to be like what is now. I'm not stupid and you won't make me stupid ever.

Sent from my Huawei phone

-------- Original message -------- From: Zanele Tiba <***> Date: Fri, Apr 1, 2022, 4:25 PM To: *** Cc: LegDocs <***> Subject: C*** // OFFER TO PHOSA N.T

“Without Prejudice”

Good day,

We refer to the abovementioned matter.

Kindly find our offer for your perusal.

When looking at the circumstances surrounding an accident it is often the case that both parties are in some degree negligent or to blame for the accident. The degree of negligence will differ from case to case and will determine the portion each party needs to contribute towards the other party’s damages in accordance with The Apportionment of Damages Act 34 of 1956. Previous court decisions and the actions of a reasonable person under similar circumstances are used as guidelines when determining the degree of negligence.

A reasonable person travelling on the road, being in control of a vehicle is expected to adhere to specific duties and responsibilities. The two most important duties of any driver are:

1. to keep a proper look-out, which includes an awareness of what is happening in his/her immediate vicinity. This will include nearing or entering an intersection such as cross roads, on-ramps and off-ramps; and

2. to drive at a reasonable speed, irrespective of the speed limitation placed on the road. Whether a person was travelling at a reasonable speed will depend on the specific circumstance present at the prevailing moment.

In this particular case, considering the circumstances and the information received, it is clear that both you and our client are to some degree negligent or to blame in causing the accident. The amount offered as compensation to you will therefore be adjusted. As you,

- Failed to keep a proper lookout of the road ahead as well as maintain an awareness of your immediate vicinity [Venter v ****son 1965 (4) SA 22 (E)].

- Failed to brake or take any evasive action such as braking or swerving to prevent this collision.

We will amicably apportion the claim on 65/35% Straight based on the above case law.

We therefore offer R46 450.00 in full and final settlement.

Kindly take urgent note that according to law, you have a responsibility to limit your damages, this includes storage and all other costs incurred or to be incurred as a result of the accident.

We now await the signed release and a letter from your bank confirming your banking details.

If you dispute the offer we await your approach.

Feel free to contact me should you wish to discuss the offer.

Thank you.

Kind regards,

Zanele Tiba

Legal Advisor: Liabilities

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