Hello Mabs

I was involved in a bad car accident, and my car was written off instantly. When the police arrived, the other driver admitted fault and took responsibility for the accident. However, I was not insured, and it turns out the other driver was also uninsured and unemployed, so he cannot replace my car, which was worth over R180,000. What are my options in this situation?

Mabs Answers

I’m truly sorry to hear about your accident and the loss of your car. I can’t imagine how frustrating this must be. While the other driver admitted fault, it’s difficult to make him pay for your car, especially as he’s uninsured and unemployed. In South Africa, you have two options to recover sums of money owed. For amounts up to R20 000, you can go to small claims court where the other party may offer to pay in installments, sometimes as little as R100 a month. For larger amounts, you’d need an attorney to issue a letter of demand, but you’d be responsible for the legal fees. Since the person is unemployed, they may not be able to pay you back immediately, but they could acknowledge the debt in writing, which would oblige them to repay once they have money. I wish you the best in resolving this matter, and please keep us posted.