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South Africa decisions
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Dakada v Road Accident Fund (EL500/2021) [2024] ZAECELLC 13 (30 April 2024)
The court found the Road Accident Fund 100% liable after a motor collision, applying res ipsa loquitur where the defendant offered no explanation.
Thomas v Road Accident Fund (88435/16) [2018] ZAGPPHC 624 (29 August 2018)
The court found that the insured driver executed a right-hand turn across the plaintiff's path without warning or indication, constituting negligence. The plaintiff was driving at a reasonable speed, had his headlights on, and took all reasonable precautions. There was no evidence that the plaintiff was contributorily negligent or that he could have avoided the collision, given the circumstances and the reaction time required. The defendant led no evidence to contradict the plaintiff's version. Accordingly, the Road Accident Fund is held 100% liable for the plaintiff's proven or agreed damage…
Source excerpt
Naude v Road Accident Fund (69514/2013) [2016] ZAGPPHC 959 (22 August 2016)
The High Court found the Road Accident Fund liable for 100% of the plaintiff’s proved damages after holding that the Polo driver’s negligence caused the crash.
Kritzinger v Road Accident Fund (954/2011) [2012] ZAECPEHC 10 (16 February 2012)
The High Court found the Road Accident Fund liable after accepting the motorcyclist’s version that the insured driver failed to yield safely and caused the collision.
Van der Vyver v Padongelukfonds (3396/2009) [2011] ZAFSHC 6 (20 January 2011)
The court found the insured truck driver negligent for turning right without ensuring it was safe, causing a collision while the plaintiff's vehicle was overtaking.
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