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Problems

PROBLEM 1: Third party claim

Jeffrey is hurt in an accident while he was a passenger in a minibus taxi. In the accident he broke his leg. He was employed as a driver but now he is not able to do his job so he is dismissed. The accident was not the fault of the driver of the minibus in which Jeffrey was riding but it was caused by the negligence of another car which collided with the minibus taxi.

He wants to claim damages from the driver who caused the accident. What must he do?

What does the law say?

Jeffrey will have a third party claim for damages. (See Third party claims)

The claim will be for bodily injuries. He can claim special damages, such as a claim for hospital and medical expenses for the injury, a claim for wages that he lost, and a claim for wages that he will lose in the future.

He can also claim general damages, such as a claim for pain and suffering, and a claim for shock.

What can he do?

1. Jeffrey must consult with an attorney as soon as possible so that the claim can be lodged with the Road Accident Fund. (See Using an attorney)
2. The claim must reach the Fund within three years after the accident if he knows the details of the driver who caused the accident, or within two years if he doesn't know who the driver was.
3. He must take the following information with him when he goes to see the attorney:

• his ID document
• the registration number of the car that caused the accident
• the police case number
• the name and address of the driver of the car
• the names and addresses of any witnesses
• his hospital patient number
• Salary advice slip with information of the employer

4. The attorney will tell him what other documents to get if necessary.

PROBLEM 2: Your car is not insured and it is damaged in an accident

You own a car which is not insured. Your brother-in-law borrows the car and has an accident which causes about R5 000 worth of damage to the car. The accident was his fault. He refuses to pay for the repairs. What can you do?

What does the law say?

You were not injured in the accident and no-one died. So you cannot make a third party claim.

Your car is not 'comprehensively insured' so you cannot claim from an insurance company to cover the cost of the damage to your vehicle. (See Damage to property; What happens if you are not insured?). If your car had been comprehensively insured you could have claimed for the damages from the insurance company. They would then claim against the person who caused the accident. (See Comprehensive insurance)

You will have to sue your brother-in-law in one of the civil courts to get the money. Because the claim is for less than R7 000, you could sue him through the Small Claims Court. This is much cheaper and quicker than going through the Magistrate's Court or High Court. You also do not need an attorney to do this.

What can you do?

You should get at least two official quotations from different garage dealers, for the repairs to your car.

You should approach the Small Claims Court in your area. At the Small Claims Court they will explain the procedures to you.

If there is no Small Claims Court, then you must sue him through the Magistrate's Court. You will have to go to an attorney to do this.