To have a claim, under the current system in terms of the 1996 Act of Parliament, you need to satisfy two requirements:
Firstly, that you were injured in an accident, however minor that injury may be;
Secondly, that you were not to blame for the accident.
It starts off simply enough, but of course blame is something that in itself has many legal complexities, and is one of the many reasons why it is in your interests to do this type of claim with the help of a professional in the form of an attorney. If, for example you are a passenger, there are various categories and exceptions and while you may not be to blame, you may also be a passenger in a one vehicle only accident, in which case, your claim may well be limited to only R 25,000 against the Road Accident Fund. That's a very rough summary of what can be a complex legal situation at times. It does however give you an idea as to the basics relating to the complexities that can surround negligence. If you are slightly to blame for the accident, you will still have a claim, as our law recognizes the principle of apportionment which means that if, the example, a Court says that both you and the other party are equally to blame, then you will both have a 50% claim. In short, if for example, your total claim is worth R 50,000 (see what can I claim for?) then after a 50% apportionment you will receive a sum of R 25,000 as your award.
The second aspect is to show you have been injured in an accident, and had medical treatment subsequent to the accident.
if you are still uncertain as to whether you have a claim or not, please address an e-mail to us at [email protected] and we will see if we can help you, or give you further advice