Third party *** (Unfair treatment and with Prejudice)

Good morning, I would like to lay a complaint; On the 15.02.2016, our vehicle was involved in a accident with their client, the client admitted that it was his fault and had signed for the towing company to collect the vehicle and in addition advised my mother who was the driver at the time to claim third party with MIWAY. We had send emails to Legal division and had communicated with Legal division Michelle Le Roux delayed on her response, since the 4th April 2016 we had been requesting assistance, whilst in the meantime we repaired our vehicle which amounted to R27,000 out my own pocket, and gave the legal division proof of payment, they had requested these documents from us. However we were unfairly treated when it came to the final settlement they offered only 25% of the amount we had essentially paid for. This is a ******* from my MIWAY. i've complicate about this matter and all we are told is we are 20% at fault, and a Case law example is than given to justify their not to pay the FULL R27,000.00. This is not fair not right Response : Legal division Michelle Le Roux “WOP” Good day 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. It is our submission that you contributed 20% and our client 80% to causing/not preventing the incident. Our reasons for this are as follows, you: Had you driven at a reasonable speed and kept a proper look out under the circumstances, you could have been able to see our client’s indication and could have slowed down to allow our client the opportunity to complete his actions. We refer you to the matter of Neuhaus v Bastion Insurance Company 1968(1) SA 398 D AD The learned judged stated the following: “Keeping a proper lookout means more than looking straight ahead – it includes awareness of what is happening in one’s immediate vicinity. A motorist should have a view of the whole road from side to side.” You therefore will have to contribute 20% of the damage to our client’s vehicle, and in return our client will have to contribute 80% of the damage to your vehicle. The calculation is as follows: Calculation Your Market Value R30 300.00 Less 45% Salvage R16 665.00 Less old damage as per your assessors report R 2 000.00 Total R11 635.00 x 80% = R9 308.00 Clients Market Value R22 100.00 Less Salvage R15 857.80 Total R 6 242.20 Less Vat R 5 475.61 Plus Towing R 1 500.00 Total R 6 975.61 x 20% = R 1 395.12 R9 308.00 – R1 395.12 = R7 910.00 The balance of R7 910.00 is therefore payable to you and offered as full and final settlement of the claim. 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. Should you however accept our offer, please complete the attached documents with your banking details and return to us for payment. Please also send us confirmation from your bank to proof your banking details should you accept our offer. We await your kind response. Keneiloe Response :"I would like to indicate the unfairness of this offer, it is an insult to me that you would indicate that my mother was at fault (20%), how you came to this percentage/ conclusion where you were not there is beyond my understanding. I have made repairs to my vehicle in the sum figure of R27000 ± and you are only willing to pay 20% of that. This matter has not been dealt with in good faith and I request to log a complaint to the legal division to pay monies due to myself as and not monies that you feel is due to me. I have spent monies repairing my vehicle for damages caused by your client. The Figures indicated below does not make sense to me, what are you salvaging and why are you salvaging amounts that does not relate to me, the vehicle that was damaged was not insured by Miway. Your Market Value R30, 300.00 Less 45% Salvage R16 665.00 Less old damage as per your assessors report R 2 000.00 Total R11, 635.00 x 80% = R9, 308.00 In closing I am not happy with how this matter was dealt with by Miway, you have treated myself and my mother with such disdain, the mere fact we spent so much money repairing the vehicle, is a non-issue for MIWAY, Your client was at fault and we are now pushed to accept an offer which is only 20% of the amount spent on repairing the vehicle. You have opted spit this amount in our faces. "