Claim at small claims court ????

[Calooker]

After my accident and some bills that the medical aid has not covered, as well as the damage to my bike after being hit by a motorist.

I was told I can go to the small claims court and claim up to R12000 for damages, has anyone ever gone this route, any info or experience would be much appreciated

[Arkadion]

After my accident and some bills that the medical aid has not covered, as well as the damage to my bike after being hit by a motorist.

I was told I can go to the small claims court and claim up to R12000 for damages, has anyone ever gone this route, any info or experience would be much appreciated

 

 

Ugggg small claims. Been there done that, lost more money.

If the guy is pleb and doesn't have much money it becomes more difficult, he can move houses after they have attached goods and then you are back to square one unless you can find him.

 

You need to contact the local Sheriff's office (Closer to him is better to save costs). They will be able to tell you what the procedure is but with the theft in my case in involved

sending a registered letter of demand to his house, waiting 2 weeks or so for him to respond and then starting with application for small claims at the magistrate court.

 

Last I heard it was only to the value of R7000.

But either way, good luck, it's not heaps of fun!

[Myra]

The limit was recently increased to R12 000.00 from R7 000.00

[Minion]

If it was a road accident, I don't think you're allowed to claim medical expenses from the other driver anymore due to the new Road Accident Fund Act.

[Tumbleweed]

If it was a road accident, I don't think you're allowed to claim medical expenses from the other driver anymore due to the new Road Accident Fund Act.

 

From the amount the OP seems to suggest, I don't think it would be worth it approaching the RAF.

[dirtrider]

normaly not worth the effort . You going to waste lots of time at that place .

[TNT1]

After my accident and some bills that the medical aid has not covered, as well as the damage to my bike after being hit by a motorist.

I was told I can go to the small claims court and claim up to R12000 for damages, has anyone ever gone this route, any info or experience would be much appreciated

 

I'd contact a lawyer and show him that story about the dog.

[jmaccelari]

You can't claim from the guy because he is covered by the RAF. Go to one of the lawyers who specialise in road claims. You'll have to fill in some forms, get your medical report and bills with the accident report number and wait a year or so. You'll then get an amount of which the lawyer will keep 25%.

 

Tedious, but painless. I made a claim for 6k and got about 4k out. Better than nothing...

[Eddy Gordo]

hmm, i like the sound of the lawyer route, definately worthwhile

[TNT1]

You can't claim from the guy because he is covered by the RAF.

 

BS. As was proven by the dog incident, if you can prove negligence on his part, take hime to court. Get a big boy lawyer, go to big boy court, and make arseholes who think the road rules don't apply to them start rethinking.

[Minion]

BS. As was proven by the dog incident, if you can prove negligence on his part, take hime to court. Get a big boy lawyer, go to big boy court, and make arseholes who think the road rules don't apply to them start rethinking.

I think the original accident happened before the changes to the RAF Act came into effect. I'm also not sure whether it would actually have been covered by the RAF.

 

The new RAF Act says you cannot claim additional medical expenses that are not covered by the RAF. You can still claim for damages to property.