South Africa Case Law

Abrahams v Road Accident Fund (15863/2013)

Abrahams v Road Accident Fund (15863/2013) [2016] ZAWCHC 99; 2016 (6) SA 545 (WCC) (12 August 2016)

Court

Western Cape High Court, Cape Town

Case number

15863/2013

Judge

Salie-Hlophe

The court found that the plaintiff, although not an employee of the insured owner, drove the vehicle with the owner's consent and was acting as a sub-contractor. The Act's purpose is to provide the widest possible protection to victims of motor vehicle accidents caused by negligence. The plaintiff established a legitimate legal nexus with the insured owner, and the basic delictual requirements of liability—unlawfulness and fault—remain applicable. The defendant's argument that only employees may claim in single vehicle collisions is not supported by the Act or case law. The plaintiff is entit…

Source excerpt

• Road Accident Fund Act
• Single Vehicle Collision
• Negligence
• Third Party Liability

Jacobs v Road Accident Fund (3335/2009)

Jacobs v Road Accident Fund (3335/2009) [2012] ZAECPEHC 40 (19 June 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3335/2009

Judge

J W Eksteen

The court held the Road Accident Fund liable after finding an unidentified driver negligently overtook into oncoming traffic, causing the plaintiff to swerve and crash.

• Road Accident Fund Act
• Negligence
• Single Vehicle Collision
• Onus Of Proof
• Contributory Negligence
• Road-accident-fund