Motor Vehicle Accidents > Introduction to the Law on Motor Vehicle Accidents
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Introduction to the Law on Motor Vehicle Accidents

There are many risks involved in driving motor vehicles. There is the risk of injuries to the drivers of the vehicles, the passengers in the cars and pedestrians, as well as the risk of damage to the vehicles or things inside the vehicles.

If a person has suffered damages to their property (to the vehicle or things inside the vehicle) as a result of a motor vehicle accident, then they can claim compensation from the driver of the vehicle who allegedly caused the accident. If a person is injured or a breadwinner of a family dies in an accident they can claim against the Road Accident Fund (RAF). The person making the claim will have to prove that the driver of the vehicle was negligent and that this negligence caused the motor vehicle accident. So, people involved in a motor vehicle accident could have the following claims:

  • A claim for damages to the vehicle and property. In this case the person must claim from the driver whose negligence caused the accident or from the driver’s private insurance (if the driver was insured)
  • Drivers, passengers and pedestrians who were injured in the motor vehicle accident caused by someone’s negligence can claim damages from the Road Accident Fund (RAF) in terms of the Road Accident Fund Act.
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