The limits in your claims that imposed by your errant driver

All road users are vulnerable and susceptible to traffic accidents the moment they step unto the road be they drivers, passengers or pedestrians. The utmost of caution and attentive use of the road may still not be enough in the event the other road user ain’t as careful resulting in a crash that affects not only the errant character but also the other adherent and law abiding road users. Of all sectors of road use, the passenger may the most affected and highly vulnerable. For starters, they may not choose who will drive for them let alone control how (s)he drives. All they hope for is that they arrive safely. It doesn’t become the case always as accidents are caused by errant drivers and their passengers are adversely affected. From inexperienced driving, excessive speed, unroad worthy vehicle downright to recklessness driving, passengers have been subjected to the most atrocious of experiences in traffic and ultimately become potential and actual claimants of the Sincephetelo Motor Vehicle Accidents Fund by virtue of having been victims of negligent vehicle of a motor car. However, any passenger whose injuries may have been caused by the drover they were sharing a ride with in the same vehicle would have their claims subjected to limitations whose genesis are captured in the principal Parliament Act NO:13 of 1991 as amended by Act No: 20 0f 2011. 

ORDINARY PASSENGERS INJURED IN A VEHICLE 

Passengers can be categorized in different forms for the purpose of handling their claims with SMVAF. Ordinary passengers could anyone who is offered or takes a ride cordially by a neigbour, friend or stranger and the arrangement is mutual. In the event the driver errs along the way, an accident is realized wherein both or all passengers are injured, the Fund will handle that as a limited claim. For whatever injuries, compensation for incidental expenses that cover past and future medical undertakings cannot exceed E50 000 (Fifty Thousand). Anyone, therefore, whose injuries emanated from the negligent driving of their drivers at that point in time in a personally organized or offered ride are subject to that limit notwithstanding the intensity of the injuries incurred. 

FARE-PAYING-PASSENGERS INJURED IN PUBLIC TRANSPORT

These are road users caught in an accident whilst within a public transport vehicle wherein they would have paid a fixed fare for their ride whatever the destination. In the event the driver commits a fault in his driving and his passengers are injured, the latter are liable to limit not exceeding E100 000 (Hundred Thousand) per individual. They would be sharing a lump sum of a E1 000 000 which can further be subjected to a ratio in the event the claimants have been far too many in that singular vehicle and accident. 

MEMBERS OF THE SAME HOUSE HOLD INJURED IN ONE CAR.

Families do drive in one vehicle wherein the driver is one of their own. As per the dictates of the principal act, members of the same claim cannot claim against each other. As a result, in the instance they are injured at the fault of their relative driver, they would not qualify for compensation. However, the Amendment Act has made a provision for up to E60 000 for each member which covers only medical expenses for the injured people. 

TAKE AWAYS: 

1. Remember, the safety of your passengers mostly lies with you.

2. Look out for pedestrians. 

3. Don’t overload passengers in any vehicle. 

4. Don’t chat and drive, you kill your passengers. 

5. Kill your speed or you shall be killed or kill your passengers in traffic.