Mushilele Posted July 22, 2012 Posted July 22, 2012 Isn't it possible to claim against the driver personally, whether or not he or she is insured? (The ability of drivers ti simply fob responsibility off to the RAF doesn't exactly inspire ... Responsibility.) And if he or she has short term, wouldn't such a claim be paid from their public liability cover if they are so covered?
The Drongo Posted July 22, 2012 Posted July 22, 2012 I don't know this as a fact, but if you rode into his car, it is implied that you were behind him on the road... Would that not give him right of way and you would therefore be liable for the damage you caused? I'm purely speculating here - assuming we have to follow the rules of the road then the person in front has right of way I would think (if he passed you and then turned then I would guess it is negligence on his behalf which is a different story entirely). Alternatively, I am completely wrong, you were on the opposite side of the road and he effectively hit you head on? YEP.
scotty Posted July 22, 2012 Posted July 22, 2012 As far as I know about RAF there are a few options which you can claim for. Loss of life, loss of income as a result of accident and minimum of 1/3 loss of use of limb or bodily function and claim for medical expenses. As for the loss of limb or quality of life they will assess that only 18 months after accident and a doctor of their choice does assessment which you pay for upfront. Short story, its a long drawn out story and unless you came off really bad its pointless claiming.My medical aid requested i lodge a claim after T boning a car in 2009 (driver ignored marshal during a race) and had 2 haemotoma ops to clear it, claim was settled earlier this year, after the medical aid and lawyers got their cut i still got something out. Whole thing cost me nothing I used De Broglia attorneys who work on no payout, no charge basis.
BMXER Posted July 22, 2012 Author Posted July 22, 2012 (edited) YEP. The only time when the car was in front of me was when the drover turned. I was doing 41 kmph on impact, the car turned onto me to access a driveway. Anyway, doing well but stiff, but reduced range in one arm. We ride on the roads almost daily but I feel we are unaware of our rights when things go wrong??? Edited July 22, 2012 by BMXER
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