153 days and still waiting

Suddenly I get a response. Now - Please explain in normal English how you only pay out R 4 ,076.64. Also explain to me how I transgressed in a road where I had right of way, was driving at a reasonable speed and your client ignored a Stop Sign?

“Entirely without Prejudice or Admission of liability” Dear Sir/Madam, The above matter bear’s reference. Please be advised that this is a legal liability claim against our insured on his insurance policy and not all claims are settled 100% on the claimed amount. In this case, the merits do not warrant a 100% settlement and indicates contribution negligence in which the damages are apportioned. Below are the reasons and simple explanation as to why and how we reached the legal settlement and conclusion. A person (“wrongdoer”) who is being sued for damages caused by his/her negligence may raise a defence of contributory negligence. This means that the negligence of all the relevant parties are considered and the damages may be apportioned (divided) by the amount each party’s negligence contributed to the damages. The Apportionment of Damages Act 34 of 1956 regulates this. In other circumstances, a wrongdoer may be held jointly liable with another person towards the plaintiff (person who claims the damages). Where the plaintiff suffers damages, which are partly caused by his/her own fault and partly by the fault of the wrongdoer, the plaintiff’s damages claim is reduced based on his/her fault. In determining contributory negligence: 1. Both parties must have acted negligently to cause the damages; 2. The parties must have deviated from the behaviour of a reasonable person; and 3. there must be a connection between the negligence of the parties and the damages suffered. Contributory negligence is raised during court proceedings and the wrongdoer will have to prove that the plaintiff contributed to the damages suffered. The principles outlined above are based on the premises that no driver has complete right of way, and such driver on the road must ensure: 1. They keep a proper lookout; 2. Travel at a reasonable speed; 3. Travel at a reasonable distance from the vehicle in front of them; 4. Be aware of the vehicles within their immediate vicinity; 5. Take reasonable care to ensure that in an instance where an accident could have occurred, all efforts are made to prevent this loss. We have decided on a 80/20 apportionment. Our calculations for the matter are below: Your damages A. R 10,825.00 X 80% = R 8,660.00 - Our damages B. R 22,916.80 X 20% = R 4,583.36 8,660.00- 4,583.36 = R 4 ,076.64 We therefore offer you R 4 ,076.64 as full and final settlement.

Thank you for the phone call. The email with details was again sent to Given. I will now await further feedback as to why you want me to pay for the damage to the motorcycle, caused by the motorcycle rider.