Who's liable?

[Quantum Theory]

So to cut a long story short... I got my car back from the body shop this morning, after a minor fender bender. Very nicely fixed. Drove to client in Big Bay and on my way back to CBD it started raining heavily. So I'm driving along a soft bend on Otto du Plessis (dual carriage) next to this Hyundai bakkie with a giant trailer full of waste when suddenly he swerves into my lane. Seeing that I will not be able to stop in time, I do not brake, swerve right as far as I can, but his bull bar catches the side of my car and severely damage every panel on the left side of it. When I stop and look behind me, I see that there was a stationary Isuzu bakkie in the road, which the other driver was trying to avoid. I could not see it before, because of the giant trailer full of waste. The driver of the Isuzu bakkie apparently ran away.

Now, obviously I (my insurance) need to claim my excess from the guy who hit me and not from the stationary vehicle, right? I'm sure he could see the obstruction from far enough, to slow down without swerving...

I heard getting your excess back, can be a lengthy process. Any advice from people with a similar past experience, would be much appreciated.

 

[MyWorld]

Doesn't your insurance cover all this, by that I mean, don't they work out all the nitty gritty detail?

Obviously the guy that hit you is responsible, he in turn can claim it from the bakkie owner as I have it.

 

[Quantum Theory]

Doesn't your insurance cover all this, by that I mean, don't they work out all the nitty gritty detail?

Obviously the guy that hit you is responsible, he in turn can claim it from the bakkie owner as I have it.

Thanks for the reply. I believe they do work out the detail, but the guy that hit me, blamed the stationary vehicle. I think he could have stayed in his lane and stopped, without swerving. I can just see this all becoming a huge headache. As explained, I just picked up my car and payed a large excess (previous one was my fault, with mitigating circumstances). I don't wan't to be stuck with the bill on this one... 13 years accident free, then 2 in a month. Depressing.