Legal Question in Personal Injury in South Africa
good day
on 20 May 2011 i bought myself a new motorcycle( +/- R15000),
on 25May 2011 i drove my bike and a drver of a mining company did not stop at a stop sign and drove infront of me, luckely i was not driving fast, 80km/h, i crashed my bike into the side of the bakkie, the impact was bad and i flew over the front side of the bakkie and landed in the road,the driver did not even got out to assist me,eyewitnesses came running to help.
on 26 May i contacted the firm and they referred me to their insurance company, after we spoke about the accident they told me what the procedures we have to follow.
it sounded if they are just willing to repair the dammage on the bike.
1) i however feel that the firm responssible for the accident should replace my bike with a brand new one,my bike had only 70km on its clock at the time of the accident.
2) i also feel that they must be held responssible for my medical costs.
what i would like to know is do i have a case in claimming the above?
1 Answer from Attorneys
They are bound to the repair costs (no a replacement), and they are also bound to pay all medical costs.
If they don't settle freely, you can take them to court.
Maybe your insurance company will assist you.
Best contact a lawyer/advocate/solicitor urgently.