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WHAT TO DO IF YOU HAVE BEEN IN A CAR ACCIDENT (PART 4 - EXTRA INFORMATION)
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1/ Take note that in terms of our law, you can’t sue another person for compensation for damages for injuries sustained in a road accident. You may however, under certain circumstances, claim compensation from the Road Accident Fund (RAF).
2/ Don't admit liability for the accident, even if you think that you may have caused it. Don’t offer any payment that can be construed as a bribe.
Only provide the essential information when making your statement to the police.
Only provide the essential information when making your statement to the police.
WHAT TO DO IF YOU HAVE BEEN IN A CAR ACCIDENT (PART 3)
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1/ Report the accident to your insurance company:
Inform your car insurance company that you’ve been involved in an accident as soon as possible.
Be honest about what happened, as if the insurance company discovers you misled them concerning something, your claim may be
Inform your car insurance company that you’ve been involved in an accident as soon as possible.
Be honest about what happened, as if the insurance company discovers you misled them concerning something, your claim may be
2/ rejected, at the very least. Lying intentionally to your insurers also constitutes fraud, which as you should know, is a criminal offence.
Should you wish not to submit a claim with your insurers, you should still inform them of the accident within a reasonable time frame.
Should you wish not to submit a claim with your insurers, you should still inform them of the accident within a reasonable time frame.
HOW TO USE CASELINES - OPPOSED MOTIONS (PART 1: THE PROCESS PRIOR TO APPLYING FOR AN OPPOSED MOTION DATE)
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1/ Before I get into the CaseLines side of things concerning opposed motion dates, I will briefly explain the process leading up to the point of requesting an opposed motion date.
An opposed motion date will be required when an application becomes formally opposed.
An opposed motion date will be required when an application becomes formally opposed.
2/ It is not as simple as that however, so let me explain the process.
The following explanation is in line with the Uniform Rules of Court and the Gauteng Division’s various Practice Directives. Let’s start.
The following explanation is in line with the Uniform Rules of Court and the Gauteng Division’s various Practice Directives. Let’s start.
DRAFTING A HIGH COURT COMBINED SUMMONS WHERE THE CAUSE OF ACTION IS THE BREACH OF AN AGREEMENT (PART 3 - THE PARTICULARS OF CLAIM: SIGNING OFF AND FINAL STEPS)
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1/ At the end of every pleading, we need to indicate the date on which the particulars were signed as well as the place at which they were signed. We must also include the plaintiff’s attorney’s details, such as its address, contact numbers etc.
2/ Let’s quickly look at Rule 18(1) again. In terms of this Rule, the POC shall be signed by both an advocate and an attorney or, in the case of an attorney who has the ROA in the superior courts, only by such attorney or, if a party sues or defends personally, by that party.
INTERRUPTION OF PRESCRIPTION
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1/ Prescription applies to all legal claims & debts and means that after the lapsing of a certain period of time, the debt or claim will be extinguished. The amount of time afforded to a specific type of claim/debt before being extinguished is prescribed by the Prescription Act.
2/ As a rule, the consequence of prescription is that the person who is indebted to another person will not be liable to pay the debt and is no longer under any obligation to pay same after the prescription period has lapsed.
CaseLines: creating cases; uploading documents; applying for unopposed dates {Part 4: Applying for Unopposed Dates}
1/ General info to note when applying for unopposed dates (unopposed motions, default judgments etc):
When applying for an unopposed date, you must complete and upload:
A date application form;
A Directive Compliance Declaration; and
A blank notice of set down.
When applying for an unopposed date, you must complete and upload:
A date application form;
A Directive Compliance Declaration; and
A blank notice of set down.
2/ The date application form can be found annexed to the recent Notice to All Litigation Attorneys in Gauteng in Re Innovations in the Organisation of the Motion Court in Johannesburg. The Notice is dated 29 November 2021. Take note that this is a new date application form.
