Access waiver a ****

On 21/01/2019 a persone bumped into our hilux while we were waiting to turn into our street. The vehicle was fixed. Thursday 17/10/2019 my husband was involve in a car accident with our huyndai i20, he hit a *** on his way home from work. We bought the car 3 months ago. We submitted the claim and now we need to pay 5% access because its the second accident in 12 months and 10% because its a 1 vehicle accident. We had the access waiver since we started with the insurance for 6 years. On a new car the access is almost R40 000? What i cant realy understand is why do we get penalised if the hilux claim was due to 3rd party. And how can one get a penalty if its a 1 vehicle accident , what happens if your tire burst and your vehicle rolls over still its a one vehicle accident.