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.
3/ Insurance procedure:
When you phone your insurance company, you will be asked for your policy number as well as full details of the incident, such as:
The date and time of the accident; and
Names, addresses, phone numbers, driver’s licence and licence plate
4/ numbers of all people involved.
Whilst on the call, enquire about the procedure for filing a claim. You will most likely receive a claims form in this regard.
5/ This form must be filled in to record all evidence that supports your claim, for example, photographs of the vehicles involved, details of how the incident happened, contact details of the people involved and the case number given to you by the police, if your vehicle was
6/ damaged due to criminal activity.
If your vehicle needs to be repaired, your insurance company should provide you with a list of approved repair companies, such as panel beaters, you may use.
7/ Make sure to get a quote from the chosen repair company first before proceeding. Your insurers must be informed of the amount quoted before the company is given the go-ahead. Failure to adhere to the aforementioned may result in your insurers refusing to pay for the repairs.
8/ If your vehicle has been badly damaged, an assessor will be sent to interview you and assess the damage. If the assessor decides the vehicle is too badly damaged, it will be “written off”, and your insurance company will pay out an amount equal to your vehicle’s value
9/ before it was damaged in the accident.
If the collision was caused by another (insured) driver, your insurers will send the details of your claim to said person’s insurers.
10/ Upon receipt thereof, the other driver’s insurers may offer to repair the damaged parts of your vehicle. If no such offer is forthcoming, you and/or your insurers will have to cover the cost of replacing damaged parts (this depends on the nature of your policy).
11/ Any uninsured losses will be for your account.
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.
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.
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.
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.
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.
DRAFTING A HIGH COURT COMBINED SUMMONS WHERE THE CAUSE OF ACTION IS THE BREACH OF AN AGREEMENT (PART 1 - INTRODUCTION)
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1/ In the next several threads, we are going to step it up a notch and draft a combined summons together.
Not all combined summonses will look the same. There are so many different types of claims that can affect the way you formulate your particulars of claim.
2/ For EG, the POC in which a divorce is sought will differ to the particulars of a damages claim. In the threads to follow, we will be drafting a combined summons where the cause of action is based on the breach of an agreement.
1/ In terms of Rule 5(2)(b) of the Magistrates’ Courts Rules, the simple summons may be issued where the claim is founded on a debt or liquidated demand.
2/ The format of the simple summons in the Magistrate’s Court and the High Court differs ever so slightly, however, I would prefer to go through each one separately.