PRASA Claims | How to Claim Compensation

If you or a dependant have been injured, or a family member killed, in a train-related incident due to negligence on the part of the operator, you may have a PRASA claim.

PRASA claims are long and complex. It’s important to know how to claim compensation.

PRASA and Metrorail responsibilities

Metrorail is a division of PRASA, the Passenger Rail Agency of South Africa. It is an organ of the state. Claims for injuries involving Metrorail services are directed at PRASA.

Metrorail and PRASA both have a “duty of care” to their passengers. This means they’re legally obliged to take reasonable steps to protect people using their services from foreseeable harm.

For example, they must ensure that all train doors close correctly and timeously.

When PRASA may be liable for damages

If PRASA fails to execute its duty of care and a passenger is injured as a result of negligence, it could be liable for damages.

PRASA/Metrorail could be held liable for its dereliction of duty of care if, for example, passengers are injured through no fault of their own, after:

• being pushed or falling from a train
• falling or being pushed on Metrorail property
• falling while boarding or disembarking a train
• being injured during a train collision, derailment or fire
• being injured at a level crossing.

How to claim compensation from PRASA

PRASA claims involve making a personal injury claim against the state-owned agency. They are incredibly complex and usually take three to five years.

To stand the best chance of making a successful claim and getting the compensation you deserve, your first step should be to contact a personal injury law firm. Experienced attorneys can assess the merits of your case and help you navigate the tricky legal terrain.

Because PRASA claims are against a state-owned agency, legislation requires that notice of the intention to sue for damages be given to the state within six months of the incident.

In some instances, such notice can be given at a later date – for example, if the victim was not immediately aware of all of the required information associated with the right to sue.

Dependants of a person who dies as the result of a rail accident may also be able to claim compensation for loss of support.

Steps involved in making a claim

If you’re injured in a train-related accident, follow these key steps.

1. Get immediate medical help.

Get any injuries attended to immediately. A medical professional will also evaluate any injuries that may not be immediately apparent.

Don’t delay seeking medical advice. It’s important to prioritise your health. Also, you need to be able to link your injuries directly to the accident.

Document your injuries by taking photographs and getting copies of medical reports, which will be used as critical evidence in the claim.

2. Report the incident to PRASA.

The accident must be reported to PRASA within six months of it happening. It is always best for an attorney to do this.

A personal injury lawyer with experience of PRASA claims and state agencies will ensure that all detailed requirements are met at this and other stages of the process. Keep a copy of the report to PRASA.

3. Gather evidence to support the claim.

Evidence is essential to support your claim, show unsafe conditions and prove liability. An attorney will help you collect and collate critical evidence that includes:

• if a passenger, your valid rail ticket
• witness statements from the accident
• photographs from the accident scene
• police reports
• medical records and reports
• CCTV footage
• expert testimony.

4. Negotiation and litigation.

Attorneys may be able to resolve PRASA claims through negotiations. If your attorney fails, the case will go to court.

Special requirements for claims against PRASA

As well as reporting your claim to PRASA within six months of the accident happening, there are other special requirements to be aware of.

Legal proceedings can be instituted 30 days after PRASA has been given the required statutory notice of the intention to sue. If you or your legal representative fails to send this notification and you have a valid reason, you can apply to the court for condonation – permission to continue with the case even though it has officially lapsed.

Remember to always keep a valid train ticket from the date of the accident. The lack of a valid ticket directly compromised one commuter’s claim in 2016.