MiWay’s unfair and inconsistent denial of a legitimate claim

Review: I am extremely disappointed in how MiWay Insurance is handling claim C***. MiWay has formally admitted in writing that their insured driver entered my lane when it was not safe to do so. In simple terms, they accept that their client caused the collision. Yet instead of settling the claim, MiWay alleges that I am “20% responsible” for not taking evasive action , a finding which, after their calculation, results in me receiving no payout at all. This is despite the fact that all evidence has been submitted to MiWay for over a month, including: Proof that I was travelling lawfully in my correct lane Confirmation that their insured ********ly entered my lane A police officer, who is an expert accident investigator, attended the scene, compiled a sketch, and confirmed there was no way for me to avoid the collision An independent witness statement Camera footage showing their insured speeding shortly before the collision Vehicle damage consistent with a sudden, unavoidable impact MiWay relies on Jadezweni v Santam Insurance Co Ltd N.O and Jones v Sentra Boer Ko-Op BPK, which apply only where a driver had a clear, safe, and reasonable opportunity to avoid a collision. That is not what occurred here. A driver travelling correctly in their lane is not required to anticipate that an oncoming vehicle will suddenly and ********ly enter their path. By the time it became apparent that their insured was not correcting course, there was no realistic opportunity to avoid the crash , particularly with a kerb/bus stop at the exact point of impact. What is most concerning is that despite all of this evidence being in their possession for weeks, this matter has been handled in this manner by the MiWay representatives involved. This does not reflect a fair or objective assessment of the facts. It appears that a technical apportionment is being used to avoid paying a claim they know their insured caused. I am left with no option but to escalate this matter further. Consumers should be aware that even where MiWay admits fault on the part of their insured, they may still attempt to shift a portion of blame onto you in order to avoid paying. I hope MiWay reconsiders this position urgently.