Suicide, proximate cause, new intervening cause and insurance

By Donald Dinnie on October 24, 2023 Posted in Insurance

In this judgment, the claimants claimed in delict for loss of support arising from the death by suicide of the claimants’ husband and father. The deceased had been involved in a motorcycle accident in which he collided with another vehicle driven by a driver insured in terms of the Road Accident Fund Act. As a … Continue reading

A forklift is a motor vehicle as defined in the Road Accident Fund Act

By Patrick Bracher (ZA) on June 21, 2023 Posted in Insurance

The Supreme Court of Appeal held in June 2023 that a forklift is not a motor vehicle as defined in the Road Accident Fund Act of 1996 which defines a ‘motor vehicle’ as “any vehicle designed or adopted for propulsion or haulage on a road by means of fuel, gas or electricity …”. The three … Continue reading

Dependants can’t sue Road Accident Fund where breadwinner dies in single vehicle accident

By Patrick Bracher (ZA) on April 25, 2018 Posted in Insurance

The surviving wife and children of a breadwinner sued the Road Accident Fund for damages when he died as a result of a single vehicle accident in which the deceased’s negligence was the sole cause of the collision. The court held that the Road Accident Fund does not provide such a remedy and no wrongfulness … Continue reading