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. 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.

Tom will have to sue Simon in one of the civil courts to get the money. Because the claim is for less than R15 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.

(See: Damage to your property and What happens if you are not insured). (See: Comprehensive Insurance)

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 and explain the procedures to him. (See: Small Claims Court)

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.