Claiming for Train Accident – PRASA
Have you been injured on a Metrorail-operated train? Or at a Metrorail station? Has the breadwinner of your household been killed as a result of a Metrorail-related accident? If you can prove that the injury/death occurred as a result of negligence on the part of the operator or a Metrorail employee, you will be able to claim from the Passenger Rail Agency of South Africa (PRASA).
How to Claim
You can appeal to PRASA at the Small Claims Court without the help of an attorney if you wish to make a claim for less than R15,000. If you wish to make a larger claim, you will require an attorney who will assist you on contingency basis. You will not need to pay the attorney upfront. In the event that you win your case, the attorney’s charges will be determined in accordance with the Contingency Fees Act.
In order to have a better chance of being paid out, it is imperative to ensure that you have sufficient evidence that the injury was the fault of the operator or Metrorail staff. Your attorney will help you to gather and present this evidence, often in the form of witness statements, CCTV footage, photos etc. You will also require any medical reports and records related to the injury that you sustained.
Remember, you will need to notify PRASA of your intention to claim within 6 months of the injury taking place. Once the notification has been given, the process will begin. You might be offered an amount to settle out of court and it will be up to you to decide whether or not to accept it. If declined, you will go to court and the judge will decide how much, if any, PRASA will be required to pay out.
We are attorneys based in Ballito on the North Coast of KZN and we are ready to assist you with your legal matters.
info@glaw.co.za
