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MTHEMBU & CO ATTORNEYS
Practice Area
Representing claimants and defendants in motor vehicle collision disputes.
Motor litigation encompasses civil claims arising from motor vehicle collisions, typically involving claims for property damage, vehicle repair or replacement costs, and in some cases, consequential losses such as loss of use and diminution in value.
Unlike RAF claims, which deal with bodily injury and are directed at the Road Accident Fund, motor litigation involves claims between the parties to the accident or more commonly, their respective insurers. These matters are pursued through the civil courts and are governed by the law of delict, requiring proof of negligence, causation, and damage.
P A Mthembu Attorneys represents both claimants pursuing recovery of their losses and defendants or their insurers defending against claims. The firm's experience in this area extends to both the Magistrates' Court and the High Court, depending on the quantum of the claim.
Motor litigation requires meticulous attention to the factual matrix of the accident, the applicable rules of the road, and the quantification of damages. The firm works closely with accident reconstruction experts, assessors, and mechanical engineers where necessary to build or defend a case.
Common issues in motor litigation include disputes over which driver was at fault, the reasonable cost of repairs versus the pre-accident value of the vehicle, and claims for hire charges and loss of use during the repair period.
What is the difference between a motor litigation claim and a RAF claim?
A RAF claim is for bodily injury and is lodged against the Road Accident Fund. Motor litigation deals with property damage and financial losses and is pursued against the other driver or their insurer through the civil courts.
How long do I have to institute a motor litigation claim?
The general prescription period for delictual claims is three years from the date on which the damage was sustained. It is advisable to act well before this deadline.
Can I claim for the cost of a replacement vehicle while mine is being repaired?
Yes. If you can demonstrate that you required the use of a vehicle during the repair period, you may be entitled to claim reasonable hire charges. The reasonableness of the claim is assessed based on the period of repair and the type of vehicle hired.
What if the other driver was uninsured?
You can still pursue a claim directly against the other driver in their personal capacity. However, recovery may be more difficult if the driver does not have the means to pay. The firm can advise on the most practical approach in such circumstances.
What happens if both drivers were partially at fault?
The Apportionment of Damages Act 34 of 1956 allows for the apportionment of liability. Each party's damages are reduced in proportion to their degree of fault.
Whether you need representation or want to understand your options, get in touch.
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