Limpopo woman loses RAF court battle after crashing into donkey! A 53-year-old woman seeking compensation from the Road Accident Fund (RAF) after her car overturned in an accident involving a donkey had her claim dismissed by the Limpopo High Court.
The court ruled that the woman failed to provide sufficient evidence to support her claim and did not adhere to legal timelines for reporting hit-and-run cases.
The Incident
The accident occurred in December 2014 in the Seokodibeng area of the Praktiseer district, Polokwane. The woman testified that she was driving at night when a donkey crossed her path. She claimed she did not see the animal in time because another vehicle approaching from the opposite direction had its headlights on high beam, temporarily blinding her.
She argued that the brightness of the other vehicle’s lights made it impossible to notice the donkey until it was too late. As a result, her car struck the donkey and overturned.
According to her testimony, the accident left her with serious injuries, and her car was damaged beyond repair. She blamed the driver of the oncoming vehicle, asserting that their use of bright lights was the direct cause of the accident.
The Court’s Findings
Acting Judge E. Mashamba dismissed the woman’s claim, stating that the evidence did not substantiate her allegations.
- Accident Report Findings: The official accident report indicated only that the woman’s car collided with a donkey. There was no mention of another vehicle involved in the incident or contributing to the accident.
- Police Statements: The statements provided by the police corroborated the report, confirming that the accident involved the donkey and made no reference to another vehicle.
Judge Mashamba pointed out that the plaintiff could not prove the presence of an oncoming vehicle with bright lights at the time of the accident.
Responsibility for the Accident
The court emphasized that the accident was caused by the donkey on the road, not by an unknown vehicle with bright headlights.
“The cause of the accident is not the bright lights from the unknown insured motor vehicle but the donkey on the road, which [the plaintiff] could not abruptly avoid,” said Judge Mashamba.
The judge further noted that the plaintiff failed to exercise proper caution while driving at night. “In my view, the plaintiff is the one who drove her motor vehicle without a proper lookout in the circumstances,” the judge concluded.
Legal Noncompliance
Another significant factor in the court’s decision was the timing of the plaintiff’s claim.
- According to South African law, hit-and-run claims must be lodged with the RAF within two years of the incident.
- The plaintiff filed her claim in July 2017, more than two years after the December 2014 accident.
Although this issue was not raised during the court proceedings, Judge Mashamba stated that the delayed filing rendered the claim invalid.
Outcome
The court dismissed the woman’s application for compensation, noting that her allegations lacked evidence and were procedurally flawed.
The case was dismissed without costs, meaning neither party will be responsible for the other’s legal fees.
Key Takeaways
This case highlights the importance of:
- Adhering to legal timelines: Filing claims within the stipulated period is crucial to ensure they are considered valid.
- Providing clear evidence: In the absence of corroborating evidence, claims against third parties, such as the RAF, are unlikely to succeed.
- Practicing road safety: Drivers are expected to maintain vigilance, particularly at night or in areas where animals may be present on the roads.
For the plaintiff, the combination of insufficient evidence, procedural missteps, and questions of driving responsibility ultimately led to the dismissal of her claim.
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