POLOKWANE – Mphahlele says people seem to misunderstand what some associations dealing with road accidents are responsible for. This, he says, includes the Road Accident Fund and what you can and can not claim for when in an accident.
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Firstly, the Road Accident Fund (RAF) does not allow motorists to claim for damages to their motor vehicle as the RAF does not cover damages to the following:
Damage to a motor vehicle;
Damage to other property such as clothes etc
Damage to his/her fence or house when someone drives off the road and into the house.
If a person wishes to claim for his/her damaged property, they will have to institute a claim in court against the driver of the motor vehicle and/or his/her employer if they were driving a company motor vehicle. Furthermore, a person has a right to claim for damages caused by injury or death from the RAF if they were a victim of an accident as a result of the wrongful (negligent) driving of another.
The RAF may compensate a victim of an accident for injury, and in the event of death it may compensate the dependents of that victim for their loss.
“People do not understand when they are in fact negligent during an accident. This is one of the biggest issues that legal advisers deal with when it comes to giving advice after an accident happened and it becomes a blame game,” Mphalele said.
The law states that a person alleging negligence will have to show that the other driver did not act reasonable in the circumstances, that the driver should have been able to foresee the damages they caused and should have taken reasonable steps to prevent such damages.
These are some examples of negligent driving.
• Driving at an excessive speed or in excess of the speed limit.
• Failing to keep a proper look-out.
• Failing to keep the motor vehicle under proper control.
• Drinking and driving.
“If a person is insured, they will have to claim damages from their insurance. The insurance will then have to claim from the person who caused the damages to the insured person’s motor vehicle or property,” he adds.
If a person is not insured, they will have to claim from the person who caused the damages to his/her motor vehicle or property.
If a person has a claim for less than R15 000, they may pursue their claim in the Small Claims Court, however, if a person wants to claim more than R15 000, they will have to pursue their claim in the Magistrates Court with the assistance of an attorney
“People who do not have the money to have a attorney on standby everyday must look into getting affordable cover to have presentation when they may need it,” Mphahlele advises.
