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mazwana M

1 reviews | Active since Jun 2016

02 Mar 2018, 11:29

Old Mutual Insure Third Party Claim don't want to pay 100% of ***

I was involve with their client in 6 Jan 2018

They came back to me after(2 months) 27 Feb 2018, and the reason for their delay was that they where waiting for their client to fix his car first mind you my car is current not drivable and the other car is drivable.

Their response: The learned judged ruled that both parties acted negligently and awarded settlement on a 75 / 25 basis in favour of the party driving straight : The driver executing the u-turn was held 75 % negligent , in that his conduct in crossing a main road with fast moving traffic, and doing so without keeping a proper look-out, was considered to be more negligent. The approaching vehicle was however judged to have travelled at an excessive speed ( EXCESSIVE IN RELATION TO THE PREVAILING TRAFFIC CONDITIONS IN THE AREA) and not keeping a proper lookout and held to be 25% negligent.

When I send them proof(tracker report) of my driving. They told me this: The term ‘excessive’ is a relative term that must be taken in the context of the prevailing traffic conditions : Eg . driving at a speed of 50 km/ hour in peak hour traffic when the general traffic flow moves a pace of no more than 40 km / hour , this 50 km / hour would still be excessive GIVEN THE PREVAILING TRAFFIC CONDITIONS – even when that peed is obviously with the speed limit of 60 km / hour. ‘ Excessive “ also means the driver drove at a speed too high for him / her to simply stop / brake timeously when required to prevent a collision. This duty applies to all parties that is in a position to prevent a collision – even to the party that has the right of way . This semantics about this terminology was previously clarified and refined in various court cases and these cases serves at the guideline that applies to all motor accidents on South African roads and this is exactly what we did when determining the settlement Offer.

They making excuses to not pay 100%, the funny part their client didn't claim for his car he only claimed for mine and he fixed his car from his pocket.

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Replies (2)
Old Mutual Insure
Old Mutual Insure's reply02 Mar 2018, 11:57
Official

Thank you for bringing the above matter to our attention.

We hereby acknowledge receipt of your complaint and confirm that the matter is receiving our close attention.

We are investigating your concerns and will revert soonest

Old Mutual Insure Customer Experience

Old Mutual Insure
Old Mutual Insure's reply05 Mar 2018, 11:45
Official

Dear Buzwe

please refer to the e-mail earlier today explaining the offer.