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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 you 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: A person's car is not insured and is damaged in an accident

Tom owns a car which is not insured. His brother-in-law Simon borrows the car and has an accident which causes about R5 000 worth of damage to the car. The accident was Simon's fault. He refuses to pay for the repairs. What can Tom do?

What does the law say?

Tom was not injured in the accident and no-one died. So he cannot make a third party claim.

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

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

What can you do?

Ask Tom to get at least two official quotations from different garage dealers, for the repairs to his car. Help him to lodge a claim at the Small Claims Court in your area (See Small Claims Court) and explain the procedures to him.

If there is no Small Claims Court, then Tom can sue Simon through the Magistrate's Court. He will have to go to an attorney to do this.