Third-party claims

Road accident fund

Exactly what is a third party claim?

 

A third party claim is just a claim by someone, or the dependants of someone, who received a physical harm or who perished because of the motor vehicle accident resulting from the negligent driving of the motor vehicle. Third party claims are made to The RAF, which in turn automatically steps in the shoes of the negligent motorist who caused the injury and pays the wounded man for just about any injuries suffered.

 

Who are able to claim damages from The RAF? It’s possible for you to claim damages from The RAF if:

 

You’re injured because of the motor vehicle accident resulting from the negligent driving of the motor vehicle driven by another person; You’re the dependant of the person (the bread-winner) who had been injured or expired in a motor vehicle accident resulting from the negligent driving of the motor vehicle by another person.’ You’re a close relative of the dead person in respect of funeral expenses; You are under 21 years but you have to possess the support of the parent or legal guardian.

It’s possible for you to maintain if you were involved within an accident for a driver or perhaps a passenger in a automobile or motor cycle, or in case you were a pedestrian.

 

If you didn’t cause the injury nevertheless, you’ll just get cash from the Fund. If you and the other driver were equally at fault for the injury, you’ll simply be paid 1 / 2 of your own damages. In case that both drivers were negligent then a Fund will simply take in to consideration the Apportionment of Damages Act (No 34 of 1956). This Act enables the Fund to split (also called apportion) the damages so that it’s a just and fair sum that’s given to the injured party.

 

You won’t have the right to claim from the Fund, in the event the injury was caused entirely by your own neglect. This consists of accidents where you were the sole individual and vehicle involved, for instance in case you drove into a post.

 

Neglect

 

It’s mandatory that you demonstrate that someone else was driving negligently before the time that your claim will probably be paid. A driver will probably be negligent if you’re able to demonstrate on a ‘balance of probabilities’ that she or he didn’t drive the automobile in an easy method in which a practical driver might have driven in the exact same conditions.

 

However, if the individual who’s claiming damages from the RAF was partially at fault for the injury, then he/she would even be thought to be negligent within the conditions. Within this case the Apportionment of Damages Act says that when you suffered damages caused partly by your own personal fault and partly by the fault of some other individual, the court will decrease the number of damages in its award equal to the percent it believes you contributed to the injury.

 

Sometimes it’s not the driver of the vehicle who had been negligent but instead the holder of the vehicle. Owners of vehicles should ensure that every thing on the automobile is functioning correctly. An accident occurs as a result of this and when they usually do not, then they’re negligent. In this instance, the driver has a third party claim.

 

Example

 

Thami Molefe borrowed his company’s car to take some folks to town. The car had poor brakes but Thami didn’t find out about it. He put on brakes when Thami surely got to an end street within the town, but the brakes did not function. As a result Thami crashed right into a lorry in the front of him.

 

Three individuals within the automobile as well as the driver of the lorry were injured. Since the holder of the vehicle was negligent for not keeping the vehicle in a condition, these folks can all really make thirdparty claims.

 

Continue to part 2

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