Third Party & Personal Injury Claims

The personal injury department enjoys an extensive reputation for the successful and satisfying resolution of cases in the field of personal injury law.

The term ‘Personal Injury’ refers to damages and suffering as a result of the wrong doing and/or negligence of any other person, organisation, or the State, arising from but not limited to motor vehicle accidents,medical malpractice, wrongful arrest, shootings, dog bites, injury on duty, aviation and locomotion accidents etc

What is a third party claim?

A third party claim is a claim by a person, or the dependants of a person, who received a bodily injury or who died as a result of a motor vehicle accident caused by the negligent driving of a motor vehicle. The claim is instituted against the Road Accident Fund which is a statutory body that automatically steps into the shoes of the negligent driver who caused the accident and pays the injured person for any injuries suffered.The third party/claimant may only claim damages which arose from bodily injury.

Who can claim compensation from the Road Accident Fund?

  • You can claim compensation from the Road Accident Fund if:
  • You are injured as a result of a motor vehicle accident caused by the negligent driving of a motor vehicle driven by another person;
  • You are the dependant of a person (the breadwinner) who was injured or died in a motor vehicle accident caused by the negligent driving of a motor vehicle by another person;
  • You are a close relative of the deceased in respect of funeral expenses.
  • You are under 18 years but you must have the support of a parent or legal guardian.

You can claim if you were involved in an accident as a driver or a passenger in a motor vehicle or motorcycle, or if you were a pedestrian. However, you will only be compensated by the Fund if you did not cause the accident. If you and the other driver were equally to blame for the accident, you will only be paid half of your damages. In the event that both drivers were negligent then the Fund will take into account the Apportionment of Damages Act (No 34 of 1956). This Act allows the Fund to divide (also called apportion) the compensation so that it is a just and equitable amount that is awarded to the injured party. If the accident was caused solely by your own negligence, you will not be entitled to claim from the Fund.

Du Toit-Smuts and Mathews Phosa is committed to the plight of personal injury victims. Although monetary compensation may never restore a victim to their pre-injury status, it at the very least provides them with financial aid which can be utilised for medical and hospital expenses, and in the case of loss of earnings or earning capacity, to alleviate the burden of work incapacity and financial loss. We will ensure that your claim is carefully investigated, compiled and brought to finalisation.  A claim is built, on the one hand, with client’s co-operation in providing us with crucial information and documentation, and on the other, with our legal knowledge and a panel of medical doctors’ expert opinion and evidence. We then assess the viability and possible outcome of a personal injury claim, bearing in mind that each claim is unique and may be determined by various factors

Contact persons for this area of practice: 

PartnersSchalk Rheeder, Jozua Scheepers
Professional Assistants: Renier Matthysen, Reuben Krige



Front:Schalk Rheeder, Jozua Scheepers
Back: Renier Matthysen, Reuben Krige

Back: Solomon Mhlanga, Victor Masango
Sitting: David Nkosi
Home Areas of Practice Third Party & Personal Injury Claims