Thanks guys i really appreciate the advice. Have any of you heard of this law? "Law of Damanges and Delict"? This is the info i found on the Insurance co's website

"They will decide what to pay you by applying the Law of Damages and Delict in accordance with which they could attribute a percentage of fault to you whereby offering to pay you less than your actual damage. For example if the other party skipped a stop street colliding with your vehicle, it could be said that you too did not take enough care in trying to avoid the incident, therefore they could offer to pay only 60% of your damage. This could result in a lengthily legal dispute between yourself and the other party’s insurance company"

In short this is what they had to say via email:
"Should we have to proceed with this further we will vigorously defend the action.

We further confirm this being our final correspondence should you not accept our offer. We suggest you seek legal advice from your legal counsel"

I also called them and pretended to be a new client, they confirmed that they would pay out the 3rd party for damages and that there were no other special laws or clauses that i should know about.

I also asked that they send me that specific recording, but they obviously wont. Do i stand a chance of getting them to sort this out, also who would pay for all legal expenses incurred?