A woman who claimed damages against the Road Accident Fund after she capsized in her car when she knocked a donkey, had her claim dismissed by the Limpopo High Court. File Photo
Image: File Photo
A woman who claimed damages against the Road Accident Fund (RAF) after her car capsized when she hit a donkey had her claim dismissed by the Limpopo High Court.
The application follows an accident that happened in December 2014, in the vicinity of Seokodibeng in Praktiseer district, Polokwane.
The 53-year-old woman testified that she was driving at night and didn't see a donkey crossing the road because a car coming from the opposite direction brightened its lights when she was approximately eight metres away from the donkey. The brightness of the car's lights blinded her eyes.
She said by the time she saw the donkey, it was too late, and she could not avoid the collision. She hit the donkey, which caused her car to capsize.
She blamed the accident on the driver of the other vehicle, saying the fact that the driver turned the lights too bright, it blinded her from seeing the donkey crossing the road.
She said that because of the accident, she suffered significant injuries and was rushed to hospital in an ambulance.
She said her car was left beyond repair.
However, acting judge E Mashamba said the accident report did not show or indicate that there was an unknown vehicle that caused the accident. Instead, the accident report showed that the woman's car knocked a donkey.
Moreover, the statement by police did not mention an unknown vehicle that caused the accident, but the statement only mentioned that the woman knocked a donkey.
"It is not proven that at the time of accident, there was an insured motor vehicle with a bright light, and even if it was present and had a bright light, in my view the cause of the accident is not the bright lights from the unknown insured motor vehicle but it’s a donkey on the road which she could not abruptly realise. In my view, the plaintiff (woman) is the one who drove her motor vehicle without a proper lookout at the circumstances," said the judge.
Additionally, the judge mentioned that a hit-and-run case should be lodged within two years but the woman brought the claim in July 2017, after two years had lapsed.
"The court finds that although this issue was not brought to the attention of the court, this claim is not valid," said the judge.
The application was dismissed with no costs.
sinenhlanhla.masilela@iol.co.za
IOL News
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