3rd party claim

Good Day,

My experience with outsurance is disastrous, I'm outraged by an incident that occurred on the 5th of September where their client had skipped a robot and rammed straight into my car at the intersection of Jim foucher and j.g.straydom.

I was in a right turn intersection with my right of way ad seen in this gazetted article

ROBOT CONTROLLED INTERSECTION

GENERAL The duty of care that a driver has whilst entering an intersection is not absolved by the fact that there are traffic lights at the intersection and the signal is in his favour (i.e. green).

TIME FACTOR The degree of care that a driver entering a robot controlled intersection has to exercise if the signal is in his favour, depends on how close the driver was to the intersection when the traffic light changed in his favour. The closer he was to the intersection when the lights changed to his favour, the greater the degree of care is that he has to exercise. The reason for this is that traffic which entered the intersection lawfully may still be in the intersection. (See Santam vs Gouws 1988 2 SA 629 A).

POSITION OF DRIVER WHO DISREGARDS TRAFFIC SIGNALS A driver who passes through a red robot and enters an intersection is regarded as a trespasser. However, this does not give an obedient driver the right to run the trespasser down heedlessly. If it is found that the obedient driver failed to avoid a collision when he could have done so by the use of ordinary care, it will amount to negligence (See Van Der Walt vs Gershalter 1944 TPD 240)

The light was green when I was already in the intersection and their client skipped the robot with going in excess of the speed limit, unfortunately this occurred during rush hour of parents getting their kids to school and them selves to work so no by standers had jumped out to assist when the accident occurred.

I had been contacted yesterday afternoon at 14:47pm by their legal team a lady by the name of mbali zwane who was very rude and stated that they deny my 3rd party claim as in their eyes I hit into their client and their client did not hit into me, their client had also **** in their statement and that is considered insurance *****.

With all this being said they also are sending a recovery team after me for an accident that I did not cause as in the article of above I was in my right of way miss/Mrs zwane had stated I did not have the right of way as how I hit into their client when I was standing still baffles me.

I am outraged by the service of outsurance and how they feel that they can bully a citizen of this country.