DM
Dawie M

1 reviews | Active since Mar 2017

27 Mar 2017, 16:00

3rd party claim Santam does not know the rules of the raod

<p>Last year ,the 7th of October on the R25(Marble hall/Bronkhorstspruit road) me and my family were on our way to Serengeti Caravan park.On the R25 at a gravel road that crossed the tar road.I turned onto a dirt road to right towards Seregethi.I had my indicator already +/- 200 to 250m before the turn on to the right.As i turned right a BMW(E90) hit us from the right back side into my caravan and Isuzu 300TDI bakkie.The Owner of the BMW got out and claimed that he did not see me turning.There is a clear solid line that indicates that he cannot overtake at that time.My caravan's brake lights and indicators were and are in a working order.I called the owner of the BMW the next week and asked if we could do a 3rd party claim for my caravan(he sould have paid for my bakkie to) as i have no incurance on my caravan.The owner of the BMW had no problem with the fact that i am claimming from his incurance (SANTAM).for the caravan.I send Santam all the needed documentation they asked for.Mr Mongamele Mzangwe is busy with this claim (Claim no. ********** 81) if you can get him in the office.After 5 months on the 13th of March 2017 he (Mongamele)informed me that they(Santam) will not be paying for my damages to my caravan.(Jurgens Esprit).Mongamele send me a mail,this is what he said"The insured was already on the oncomming lane when you(me) initiated to turn right,thus making you(me)the more negligent of the two drivers" I told him the insured could not by law overtake me where he did as there was a white line and he was on the wrong side of the white line.He(Mongamele) send me a mail back and said"The allegation that the insured overtookyou across a solid white lane does not absolve you(Me) from keeping a proper look-out and checking all your points prior to turning"I already turned when the BMW hit me from behind so how must I have a look-out if I already started turning.I did not brake any law by putting on my indicator and turn right.He,the owner of the BMW broke the law by overtaking on a white line and as far as I know when hitting someone from behind it is the car that is in the back's fault.Mongamele is trying to tell me what I did was wrong and his insured(who broke the law) is right.I don't think Mongamele knows the rules of the road???Mongamele is trying to tell me this accident was my fault???? I DONT THINK SO.SANTAM DOES NOT WANT TO PAY FOR THE DAMAGES TO MY CARAVAAN. Please can you assist me in this matter as I dont think this is my fault?</p>

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Replies (1)
Santam
Santam's reply29 Mar 2017, 08:43
Official

Dear Mr Maritz

Thank you for your post.

We will investigate your concerns with the Legal Branch and revert shortly.

Kind Regards

Jo-Anne Abrahams

Client Care Manager