Ayanda* was worried when she was involved in a car accident recently. Luckily no one got hurt, but her car was damaged. The accident wasn’t her fault – the other driver didn’t brake in time and rode into the back of her car. He admitted the accident was his fault, and said he would pay to have Ayanda’s car fixed.
When Ayanda called him a short while later to find out when he would come to have her car fixed as he had promised to, the driver suddenly changed his mind and told Ayanda that he was no longer willing to pay for or fix her car and there’s nothing she could do about it now. She took her case to the Small Claims Court, but the respondent (the other driver) didn’t show up for the hearing. What can Ayanda do now?
Scorpion Legal Protection’s advice
Since we know that the accident wasn’t Ayanda’s fault, as the other driver admitted fault, Ayanda can claim damages to her motor vehicle from the negligent driver.
She has already been to the Small Claims Court, and because the defendant (driver) didn’t show up to court for the hearing, Ayanda can now apply for a default judgement against the defendant. The Commissioner of the Small Claims Court will determine whether the application for default judgment is in order and check that the defendant was notified of the court date. Once the application has been granted, the case will be transferred to the Magistrate’s Court in order for the judgment to be enforced by the sheriff by means of a writ of execution.
The writ will give the sheriff the power to attach moveable property that belongs to the defendant, and this property can then be sold to satisfy the debt the defendant owes in terms of having Ayanda’s car fixed.
Tips:
- Write down the name, address, phone number and license numbers for all drivers and witnesses, especially those who were not riding in one of the cars involved in the accident. Get the insurance details and policy numbers for all drivers involved in the accident.
- Make sure you open a case with the police – you only have 24 hours to do this (unless you’ve been injured in the accident). It is an offence not to report an accident in which another person has been injured or in which someone else's property has been damaged, even if neither of the parties plans on taking legal action.
- Take your own photos of the damage to your car, as well as the other person’s car so you have evidence of what happened in case you need it.
Scorpion members have access to our 24-hour Legal Contact Centre and can call us anytime, anywhere for paralegal services. They have peace of mind knowing that, when trouble strikes, they’ve got access to lawyers to represent them in court and help them strike back legally.*
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* Terms, conditions, limitations and exclusions apply (click here to view the Legal Membership Agreement). This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.