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Motor vehicle accidents usually result in damages. These damages can be to persons or property and will be discussed below. Litigation Flowing From a Motor Vehicle Collision Once an accident has occurred, a police docket is usually opened and if the authorities deem it necessary, a criminal charge is laid against the persons accused of causing the collision. Should a victim want to claim compensation, a civil action must be instituted. Damages to property If the claim is for damage to the vehicle or other property, one can institute the claim by means of a summons. Sometimes it is less costly to use an attorney to first write a letter of demand to the perpetrator. Otherwise a summons is the document by which the court case is started. The plaintiff in such a case usually also claims for legal costs and interest on the damages. Damages due to Injuries to Persons When someone is injured, they might have a claim against the Road Accidents Fund. Due to the high rate of motor vehicle accidents in South Africa, we set out some important points below. The Road Accidents Fund (RAF) is a government fund built up from levies on fuel. The purpose of this fund is to compensate injured accident victims. The claim will usually not be against the other driver. Such a claim will have to be properly compiled by using amongst other things, the correct claim documentation. One cannot sue the RAF without first having instituted a documentary claim in terms of the Road Accidents Fund Act. |
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