Small claims up to R12500 now. 1) Go to the copshop, and make a decent, clearly written statement, void of any emotions. 2) Ask the cops if they would be willing to give you address information on the car's owners, as you'd like to try and find restitution outside of court. 3) Go to 3 (pain in the butt) bike shops and get assessment for repairing you bike and kit. Include everything that seems fair - helmet replacement, torn clothes, etc. Get the shop to draft a letter (they should have one ready from most manufacturers) as to why, for example, the helmet needs replacement. DON'T SPECIFY UPGRADED PARTS, as tempting as you may think it is. 4) Get a lawyer's letter drawn up. These cost (normally) in the region of R500 and should include delivery by the lawyer's office. The lawyer should help here, but you need to include the details of the incident, the details of the damage, and then he three quotes as well, offering the option of payment by them for the repairs to your bike and kit as full and final compensation for damages incurred. Also include a due date - 30 days should suffice 5) Have the letter delivered - if not by the lawyer, by a courier company that will ask for ID and signature before delivering. 6) From here one of two things will happen - they will either contact you (or your lawyer) to negotiate, or they will ignore you. If the 30 days is up and they have not PAID you (at this point you can ignore letters and statements etc) institute a small claim - once gain ask a lawyer for his advice on how best to approach this, as they will know best, but cannot represent you at small claims court. This should fall under a consultation, expect to fork out R300 - R500 for this 'service' from the lawyer. You can add this to your claim (as well as the original letter's cost) 7) Be patient - the SCC is packed and overworked. A claim can take up to a year to be heard, and may be postponed or delayed. Good luck!
