Taxi Accident Claims in South Africa

Successful taxi accident claims can provide victims of minibus taxi accidents with compensation for their injuries in South Africa.

What taxi accident victims can claim

Anyone injured in a taxi accident that wasn’t solely their fault may be able to claim compensation from the Road Accident Fund (RAF). Depending on the details of a case, this can include compensation for the following types of damages:

• past and future medical expenses arising from your injuries (subject to providing reasonable evidence that the injuries were a direct result of the accident)
• past and future loss of income, up to a statutory annual limit that’s inflation-adjusted each quarter
• general damages for pain, suffering and loss of amenity if you sustained an injury that’s legally defined as serious.

The RAF doesn’t provide compensation for damage to vehicles or property.

What if the taxi driver was responsible for the accident?

Taxi passengers still qualify for RAF compensation if the driver was responsible for causing the accident.

This wasn’t always the case. Prior to the 2008 RAF Amendment Act (along with a 2010 High Court ruling covering accidents that occurred prior to the amendment), taxi passengers were awarded compensation only for general damages up to a limit of R25,000. Where the driver was at fault, there was no compensation whatsoever for medical or other expenses.

The law was updated and taxi passengers now qualify for the same compensation as other road accident victims.

What if a minibus taxi hits your car in South Africa

If a minibus taxi hits your car and you suffer injury as a result, you may qualify for compensation. This will depend on which party is found liable, and to what degree, for the accident.

As part of the claims process, an apportionment of damages (or blame) for the accident will occur, in line with the Apportionment of Damages Act. Responsibility for the accident may be assigned to just one party or shared between the parties.

For example, it might be determined that the taxi driver was 70% responsible for an accident and you were 30% responsible. In this case, the RAF will be responsible for compensating you for 70% of your proven damages.

Claiming for someone who has died in a taxi accident

If someone dies in a taxi accident, close family can claim compensation for loss of support. Compensation is also available for funeral costs, subject to specific limits.

What you need to pursue a taxi accident claim

If you or a close family member has been injured in a taxi accident, it’s important to contact a suitably qualified attorney. RAF claims are time-consuming and complex. Success depends on following due legal processes, as well as building a solid case.

You can assist your attorney by providing:

• details about the accident and your injuries
• your medical bills and reports
• a copy of a police report
• any witness statements and contact details.

See our article on what’s involved in a RAF claim for more information about the stages of the claims process.