Momentum Insure

<div>I am not the Insured client, but I am the affected 3rd party of a motor vehicle accident. In October last year Momentum Insure's client reversed out of a parking bay into oncoming traffic and into the back fender of my car. This happened in a shopping park, so there's no way we could speed in this complex. Luckily the vehicle can drive, I take it to the assessor, he checks the vehicle, I tell him to check my back axle where the impact took place, he says they don't do those assessments. "Had the damages been significant to cause damages to the suspension the assessors would have noted same". This was the communication to me after i queried them not checking my axle, or if they had another assessor i could take my vehicle to. The guy didn't even drive the car to make this assumption. Momentum Insure refuses to send my vehicle for a check. What if there are underlying issues later? They then deduct R8500 because the vehicle has old damage. I don't deny it has old knocks, I've had the vehicle for 20 odd years, its mine. I'm not claiming for this. What thieving nonsense is this? The icing on top though is the incessant need to incriminate me, the person reversed into without warning. In their tale of events though I am as much to blame, if not more to blame as per the following first words to an email to me on 13 January... "It is trite law that every road-user owes a duty of care and consideration for any other road-user. This duty includes a duty to keep a proper lookout. The duty of care requires of every driver, to drive like a reasonable man who would be able to reasonably foresee the possibility of unforeseen consequences and act in accordance with such appreciation.

Section 1 (a) of the Apportionment of Damages Act 34 of 1956 provides:

"where any person suffers damages which is caused partly by his own fault and partly by the fault of any other person a claim in respect of that damage shall not be defeated by reason of the fault of the claimant but the damages recoverable in respect thereof shall be reduced by the court to such extent as the court may deem it just and equitable having regard to the degree in which claimant was at fault in relation to the damage. " Again, their client reversed from a parking bay into oncoming traffic, he hit me on the back wheel and fender, how could this be avoided?

If I sign this then I accept blame, even though I have an admission of guilt from the policy holder. This is extremely immoral. I was simply told to seek legal advice if I don't agree.</div>