I was driving on the far left lane in South Africa on a dual carriageway and some lady driving on the far right side of the lane failed to realise that the car in front of her was stopping to turn. By the time she noticed that the car was stopping, she encroached into my side of the road and grazed my car. I approached Telesure (her insurance company) a sister company to Auto & General insurance for repairs and I got the message below and I was told that I will not get 100% compensation. After refusing to take less than 100% compensation and after threatening legal action, one Nonkululeko Kolanisi wrote to me saying, "Please be advised we will not be liable for any legal costs you will incur and that we will be defending our client." I fought the big South Africa company and guess what they will repair my car after a good 5 months. If you are not on the wrong, fight for your rights.
"A reasonable person travelling on the road, being in control of a vehicle is expected to adhere to specific duties and responsibilities as per Delictual liability in Motor Law. The two most important duties of any driver are:
1. to keep a proper look-out, which includes an awareness of what is happening in his/her immediate vicinity.
2. to drive at a reasonable speed, irrespective of the speed limitation placed on the road. Whether a person was travelling at a reasonable speed will depend on the specific circumstance present at the prevailing moment.
In light of the above, we would like to refer you to the case of Keuning, NO v London and Scottish Assurance Corporation LTD 1963 (3) SA 609 (N) the duty of the driver of the following vehicle is to pay regard to the signals or indications that the leading vehicle is about to change lanes or turn; this clearly postulates that he must keep a look-out in the expectation of the possibility of such a signal being made or given: failure in these duties is a negligence on his part.
The learned judge stated "the roads are for the common use of all vehicles to enable persons to get to their destinations in every direction."
Even though the motorist intending to change lanes or turn across the line of traffic he must indicate intention to do so, the duty of the following driver is to keep such a vehicle under observation as soon as it is clear that, despite the inopportuneness of the moment, it intends to cross in front of him, he must take all reasonable steps that may be necessary to avoid the collision."