Jeffrey is hurt in an accident while he was a passenger in a minibus taxi. In the accident he broke his leg. He was employed as a driver but now he is not able to do his job so he is dismissed. The accident was not the fault of the driver of the minibus in which Jeffrey was riding but it was caused by the negligence of another car which collided with the minibus taxi. Jeffrey wants to claim damages from the driver who caused the accident. What must he do?

WHAT DOES THE LAW SAY?

Jeffrey will have a third-party claim for damages. (See Third-party claims) The claim will be for injuries to his body. He can claim special damages, such as a claim for hospital and medical expenses for the injury, a claim for wages that he lost, and a claim for wages that he will lose in the future.

He can also claim general damages, such as a claim for pain and suffering, and a shock claim.

WHAT CAN HE DO?

1. Jeffrey can make a claim as soon as possible so that the claim can be lodged with the Road Accident Fund.
2. The claim must reach the Fund within three years after the accident if he knows the details of the driver who caused the accident, or within two years if he doesn’t know who the driver was.
3. He must take the following information with him when he goes to see an attorney:
   • His ID document
   • The registration number of the car that caused the accident
   • The police case number
   • The name and address of the driver of the car
   • The names and addresses of any witnesses
   • His hospital patient number
   • Salary advice slip with information about the employer
4. The attorney will tell him what other documents to get if necessary.