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Oct 25 • 6 tweets • 3 min read
WHAT TO DO IF YOU HAVE BEEN IN A CAR ACCIDENT (PART 4 - EXTRA INFORMATION)

{Thread}
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.
3/ It is not advisable to sign a written statement without first consulting your insurance broker or an attorney.

And that’s that. This thread features crucial information which you need to know now, in case you are involved in an accident in the future.
4/ #llbtwitter #lawtwitter #lawyered
Sources:

Aa.co.za – What to Do After a Road Accident in South Africa (7 December 2020);
Hippo.co.za – What to Do After a Car Accident (8 May 2017);
Arrivealive.co.za - Legal Duties after a Collision and Road Crash;
Firstforwomen.co.za

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More from @LawyeredSouth

Lawyered South Africa Profile picture
Oct 25
WHAT TO DO IF YOU HAVE BEEN IN A CAR ACCIDENT (PART 3)

{Thread}
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
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.
Read 12 tweets
Lawyered South Africa Profile picture
Jun 26
HOW TO USE CASELINES - OPPOSED MOTIONS (PART 1: THE PROCESS PRIOR TO APPLYING FOR AN OPPOSED MOTION DATE)

{THREAD}
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.
Read 43 tweets
Lawyered South Africa Profile picture
Mar 22
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)

{Thread}
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.
Read 11 tweets
Lawyered South Africa Profile picture
Mar 20
INTERRUPTION OF PRESCRIPTION

{THREAD}
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.
Read 13 tweets
Lawyered South Africa Profile picture
Feb 10
DRAFTING A HIGH COURT COMBINED SUMMONS WHERE THE CAUSE OF ACTION IS THE BREACH OF AN AGREEMENT (PART 1 - INTRODUCTION)

{Thread}
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.
Read 8 tweets
Lawyered South Africa Profile picture
Jan 30
DRAFTING A SIMPLE SUMMONS (MAGISTRATE'S COURT)

{thread}
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.
Read 42 tweets

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