Mrs Raheel Ahmed
In the third lecture of the Department of Private Law’s “Know your rights” series, Mrs Ahmed pointed out that we have all been involved either personally in a motor vehicle accident or have had family or friends involved in such accidents. Besides accidents being such an emotional and traumatic experience there are legal consequences that one should be aware of.
Mrs Ahmed began the lecture by briefly explaining what one should do immediately after the accident. Depending on how the accident occurred, the nature of the injuries sustained and the damage to the motor vehicles, a person may face a criminal charge as well as a claim for damages in respect of damage to the motor vehicle. Often people who sustain personal injuries or suffer loss as a result of the injury to another (arising from the motor vehicle accident) are unaware that they might be entitled to claim from the Road Accident Fund. In order to lodge a successful claim with the Road Accident Fund one must ensure that all the requirements are met. As with any act there are limitations as well as exclusions that apply to a claim that one should be aware of. Mrs Ahmed explained what a claimant could claim and referred to the different types of damages recoverable. She referred to the Apportionment of Damages Act 34 of 1956 which is applicable in cases of contributory negligence and explained briefly how the courts calculate apportionment.
The Road Accident Fund Act 56 of 1996 has gone through drastic changes recently and it is only a matter of time before the proposed Road Accident Benefit Scheme will be approved and implemented. The Scheme will be similar in certain respects to that ofthe Compensation for Occupational injuries and Diseases Act 130 of 1993 which excludes claims for general damage and is based on a no-fault compensation system with limitations on loss of income and loss of support. The lecture ended off with a brief discussion on comprehensive insurance policies as well as the requirementsfor a delict that must be met in order to be successful with a claim for damage to the motor vehicle.
