Old Mutual insure will try ANYTHING not to pay a claim

My daughter was involved in an accident 10 January and the vehicle that drove into my daughters car is insured with Old Mutual. The accident happened at Constantia park primary school, at the T-Junction. Old Mutual reply to the claim:

After careful consideration of all the facts surrounding the incident we are prepared to offer a 75/25 apportionment in your favor. Please see attached our client’s own damage for ease of reference. According to the information at our disposal, our client executed a right hand turn across the robots and collided with your vehicle which was travelling straight. I refer to the case of Smith v SA Eagle Insurance Company Limited 1986 (2) SA 314 (SE): - The driver of a motorcycle could observe a right turning vehicle for approximately 4.5 seconds while approaching the said vehicle at an intersection. - The driver of the motorcycle failed to keep a proper look-out and collided with the right turning vehicle. - The driver of the right turning vehicle also failed to keep a proper look-out and did not observe the approaching motorcycle. - The Court held that the driver of the motorcycle was 25% negligent and the driver of the right turning vehicle 75% negligent.

I pointed out the accident was at a T-Junction NOT AT A TRIFFIC LIGHT, the argument have no merit. They rep****: You were placed under the following duties: • Duty to hoot and the • Duty to stop or act reasonable when a collision seems imminent. (??? who wants to be in a accident, absolutely stupid) I again rep****, my daughter DID HOOT several times and it was confirmed by witnesses . There reply and this takes the cake: Our offer stands as we believe it’s fair and reasonable, they offer R15 000 car value is R69000) No driver has an absolute right of way in a public road????

So this leaves me no alternative but to start court proceedings against Old Mutuals client. So if this is the way Old Mutual handles 3rd party claims watch out you might just end up in court because of their refusal to pay.