MintSauce Posted April 16, 2012 Share On 16 Feb this year I was riding down Kloof Rd in Cape Town when a car turned in front of me. I tried as best I could to not hit him, but clipped him with my right foot, crashing hard. I ended up with roughly R3000 damages. Initially the driver was hugely apologetic, until he realised it was going to cost more than a few hundred rand to settle. He then started making excuses and saying things like both of us need to accept some sort of responsibility. When I protested he basically said I can accept half the money or he will not pay anything in which case I would have to sue him, which would obviously be a complete waste of time and money for me. It's now been 4 weeks since I agreed to accept half my claim as settlement. He still hasn't paid. What I was wondering is, do I stand a chance in small claims court? At present I have no witnesses that saw the accident. Only two that heard it and then looked and can probably verify that his car was on my side of the road. It would almost be my word against his. The only email I have from him is one where he says he is waiting for his lawyer's opinion, so I don't have an admission as such. He does live in JHB so just making the case might force him to pay seeing as not pitching for small claims court will automatically give me the win and flying down for the case will cost him more than paying me the R1500. Opinions please? Thank you! Link to comment Share on other sites More sharing options...
American Flyers Posted April 16, 2012 Share Did you report to police within 24hrs? This will help alot with small claim court.. Link to comment Share on other sites More sharing options...
JGR Posted April 16, 2012 Share Did you report to police within 24hrs? This will help alot with small claim court.. An incident report will help but does not have to be within 24hrs althought the longer you leave it the harder it becomes. If you have all of his details and he is not coming to the party would thst not make it a hit and run? Link to comment Share on other sites More sharing options...
Bateleur1 Posted April 16, 2012 Share I would take him to the small claims court, I assume you did report it to the police. If not then you migth have a problem. All road accidents should be reported within 24 hours (to my knowledge) Link to comment Share on other sites More sharing options...
pezulu Posted April 16, 2012 Share All road accidents should be reported within 24 hours, or as soon as possible after the event. Link to comment Share on other sites More sharing options...
Tumbleweed Posted April 16, 2012 Share I would take him to the small claims court, I assume you did report it to the police. If not then you migth have a problem. All road accidents should be reported within 24 hours (to my knowledge) Yup, it's an offence not to do so. Minty, motor accidents are difficult in the Small Claims Court. It's often a your word versus his word thing. Being from Jozi, you may be awarded a default judgement if he doesn't appear at the time of the hearing - which opens up to him an opportunity to get the matter rescinded - or the matter may be removed from the roll, and you have to start from the first step again. He may try throw the 50-50 in your face and say you were willing to accept blame. Hope you come right. I have heard of some terrible decisions being made in the SCC. Link to comment Share on other sites More sharing options...
JGR Posted April 16, 2012 Share Just had a case of this where my girlfriend bumped the car infront of her and they came back to us about 2 weeks after. I queried with my broker about the length of validity and he told me they have up to two years to claim, including the documents which includes incident reports. Imagine if you are camping in the bush and hit a small tree stump would you leave your trip drive and find a police station or report it when you get back? Link to comment Share on other sites More sharing options...
Azi Posted April 16, 2012 Share I would try my chances in the SCC. The fact that he agreed to pay 50% shows some sort of culpability, and your defence could be that you are better off with half than nothing. It will cost you nothing in the SCC, and worse case scenario, is that you end up with what you have now, which is nothing. My opinion is that he knows he was wrong and that since you are not going to sue for a couple of grand or come up to Jhb to knock on his front door, he is safe paying you nothing. Don't leave it, follow it through. Link to comment Share on other sites More sharing options...
skidd Posted April 16, 2012 Share I am a commissioner in the small claims court.It makes no difference if you reported the collision or not. Get 3 quotes for your damages, take them to the small claims court, and sue him for the lowest amount. The court will hear your case and decide on the merits whether he is negligent or not. The court can find him anywhere between 0% and 100% negligent, having regard to whether he was negligent, and whether your negligence may have contributed to causing the collision (were you travelling too fast/could you have taken evasive action etc), and your damages, if any, will be quantified accordingly.Be aware that he could counterclaim against you if his car was damaged. Link to comment Share on other sites More sharing options...
Bateleur1 Posted April 16, 2012 Share JGR, bumping a tree in the bush is not a road accident. An accident on a public road, and especially with 2 or more vehicles (bicycle is a vehicle as well), has to be reported. Link to comment Share on other sites More sharing options...
JGR Posted April 16, 2012 Share JGR, bumping a tree in the bush is not a road accident. An accident on a public road, and especially with 2 or more vehicles (bicycle is a vehicle as well), has to be reported. Ok, you bump another car .... better? I was not saying dont report it but merely pointing out you can report it after 24 hrs without prejudice. Also an accident does not only involve vehicles could also involve hitting a paederstrian or animal ..... also an accident can happen on a private road .... Link to comment Share on other sites More sharing options...
MintSauce Posted April 16, 2012 Share I am a commissioner in the small claims court.It makes no difference if you reported the collision or not. Get 3 quotes for your damages, take them to the small claims court, and sue him for the lowest amount. The court will hear your case and decide on the merits whether he is negligent or not. The court can find him anywhere between 0% and 100% negligent, having regard to whether he was negligent, and whether your negligence may have contributed to causing the collision (were you travelling too fast/could you have taken evasive action etc), and your damages, if any, will be quantified accordingly.Be aware that he could counterclaim against you if his car was damaged. Thanks everyone for the replies. I did not report the collision seeing as he assured me when we spoke the next morning he was on his way to the police station to do it. As far as I'm aware we don't both have to report it. I need to check with him, when I get hold of him again, whether he actually did. To Skidd, if he decides to counterclaim, would that be a seperate case? Would he have to make that case in Cape Town seeing as that is where the incident occured? Can he do it in JHB? Also, I know SCC does not allow witnesses. Would an affidavit from a witness be considered by the SCC? I'm wondering if a witness placing his car in my direct right of way would help to swing things in my favour? Thanks again for the constructive replies. Link to comment Share on other sites More sharing options...
plonker Posted April 16, 2012 Share If he was turning right, i.e across your path, he is likely to be found 100% liable. Link to comment Share on other sites More sharing options...
skidd Posted April 16, 2012 Share Thanks everyone for the replies. I did not report the collision seeing as he assured me when we spoke the next morning he was on his way to the police station to do it. As far as I'm aware we don't both have to report it. I need to check with him, when I get hold of him again, whether he actually did. To Skidd, if he decides to counterclaim, would that be a seperate case? Would he have to make that case in Cape Town seeing as that is where the incident occured? Can he do it in JHB? Also, I know SCC does not allow witnesses. Would an affidavit from a witness be considered by the SCC? I'm wondering if a witness placing his car in my direct right of way would help to swing things in my favour? Thanks again for the constructive replies. He could counterclaim in the same case only if he is the owner of the vehicle he was driving. He could institute a separate action, and if he did, he would have to issue out of a court with jurisdiction over the place where the collision ocurred, or where you as the person being sued work or reside. If you live in CT and the collision took place in CT, he could only sue in a CT court. If the collision was in CT and you live in Jhb, he can sue either in Ct or Jhb. It would not make sense to proceed with a separate action unless his damages are over R13k. You definitely can call witnesses in SCC, but a commissioner can also allow an affidavit.ormal rules of evidence don't apply. I prefer to hear a witness because I can cross question a witness. I am sceptical of affidavits because they have been drawn by one side with the purpose of favouring one version, and I cannot put questions I have to an affidavit - so my advice is to call the witness to court if you can. Link to comment Share on other sites More sharing options...
skidd Posted April 16, 2012 Share If he was turning right, i.e across your path, he is likely to be found 100% liable. Not necessarily. Depends on each case. Usually between 80/20 and 70/30 favouring the party with right of way. Link to comment Share on other sites More sharing options...
MintSauce Posted April 16, 2012 Share He could counterclaim in the same case only if he is the owner of the vehicle he was driving. He could institute a separate action, and if he did, he would have to issue out of a court with jurisdiction over the place where the collision ocurred, or where you as the person being sued work or reside. If you live in CT and the collision took place in CT, he could only sue in a CT court. If the collision was in CT and you live in Jhb, he can sue either in Ct or Jhb. It would not make sense to proceed with a separate action unless his damages are over R13k. You definitely can call witnesses in SCC, but a commissioner can also allow an affidavit.ormal rules of evidence don't apply. I prefer to hear a witness because I can cross question a witness. I am sceptical of affidavits because they have been drawn by one side with the purpose of favouring one version, and I cannot put questions I have to an affidavit - so my advice is to call the witness to court if you can. Cool. I'm going to try speak to him again, but if I have no luck within the next few days I will definitely take him to SCC. Again, thanks for the information! Link to comment Share on other sites More sharing options...
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