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In Port Elizabeth and across South Africa, the law states that an individual who suffers bodily injury or property damage as a result of a motor vehicle accident has the right to claim compensation. This is overseen by the Road Accident Fund, a statutory body set up to compensate victims of road accidents. Compensation can cover medical expenses, loss of earnings, general damages for pain and suffering, and even funeral expenses where applicable.
Not every car accident requires the involvement of a lawyer. However, there are several situations where having a legal professional may be beneficial. If you have suffered serious injuries, if there is a dispute over who is at fault, or if the insurance company is not providing fair compensation, a lawyer can be invaluable. They can help navigate the legal process, gather evidence, negotiate with insurance companies, and if necessary, represent you in court.
The car accident laws in South Africa are largely based on the law of delict. This essentially means that a person who negligently caused the accident can be held liable for damages. However, it needs to be proven that the person was indeed negligent, and that this negligence directly led to the accident. As part of the National Road Traffic Act, drivers are also required to report an accident to the police within 24 hours if there were injuries, deaths, or when a driver fails to exchange contact and insurance information.
According to the South African law, a motor vehicle accident should be reported to the police within 24 hours.
You should collect the names, contact details, and insurance information of all other drivers involved, as well as contact information of any witnesses. It's also advisable to take photos of the accident scene if possible.
Generally, claims must be lodged within 3 years of the date of the accident. However, there are exceptions for minors and dependents of deceased victims.
Yes, the Road Accident Fund operates under a system of 'apportionment of damages', which means that if you were partially at fault, your compensation could be reduced in proportion to your degree of fault.
A car accident lawyer can assist in gathering evidence, completing paperwork, negotiating with the insurance company, and taking your case to court if necessary. They can offer expert legal advice and ensure you receive fair compensation for your injuries.
For more information and resources, the Road Accident Fund website provides comprehensive details about the process to claim and what is covered. Additionally, the Department of Transport and the Arrive Alive campaign have information on safe driving and traffic laws.
If you're in need of legal assistance for a car accident in Port Elizabeth, you should consider consulting with a lawyer who specialises in motor accident claims. They can provide an initial consultation, usually free of charge, to assess your case and discuss the potential for a claim. Remember to bring as much information as you can to this consultation, including accident reports, medical records, and any correspondence with insurance companies.
