The Apportionment of Damages Act 34 of 1956 makes provision for two parties in a civil suit to share the responsibility of negligence in a motor vehicle collision and subsequently sharing the costs of repair towards the Plaintiff’s damages.

A court has the discretion to order that both parties to a civil claim share the responsibility of whichever party who was less negligent and incurred more damages than the other party.

In simple terms, the latter mentioned may be referred to as “contributory negligence” and simply means that both matters contributed to the collision and as a result thereof need to share the responsibility of ensuring that the party who was less negligent gets compensated in accordance with the level of the other party’s negligence

If the plaintiff’s damages in a motor vehicle collision are assessed at R100 000.00, but it was later on established that he/she would have sustained only R40 000.00 in damages had he/she not been negligent in also contributing to the accident, only that portion of the damages caused by his/her negligence (R60 000.00) is apportioned. Assuming that the plaintiff is 33% negligent, this would mean that 33% of the R60 000.00 will be deducted and that the plaintiff will then only be entitled to recover R80 200.00.

The calculation is done as follows: 33% of the apportioned (shared amount) amount of R60 000.00 = R19 800.00

R60 000.00 – R19 800.00 = R40 200.00

R40 200.00 + R40 000.00 = R80 200.00 would be what the Plaintiff is entitled to get.

In conclusion, getting involved in a motor vehicle accident does not necessarily mean that a court will order the full amount which you have claimed based on your damages. After hearing evidence from both parties, a court has the discretion to order that the Plaintiff will be liable for a portion of his own claim and the Defendant will pay the Plaintiff only that portion of percentage in which he/she was negligent.