Car accidents take place on a daily. Some car crashes are minor whilst others, sadly end in fatalities. Often than not, when a person is involved in a motor vehicle collision, there is damage caused and money must be used to repair the vehicle(s). The main way of recovering money spent fixing a car that was involved in a motor accident is by suing the other driver for loss. In this article, we will discuss if going to Court to claim or defend a motor vehicle accident claim is worth it or not.

WHAT IS A CIVIL ACTION/SUIT?

A civil action/suit is where a person who has a right that has been infringed approaches a court with a claim and asks that the said court make an order in its favour against someone else.

To do this, there is sophisticated procedure and rules that must be followed and that on its own, indicates that where there is sophistication, experts, or those in the know ought to be engaged to see to it that the procedure and rules are followed accordingly to ensure the most desired outcome. In civil actions, such experts are civil litigation lawyers, and they come at a price.

Essentially, most drivers that get involved in car accidents and suffer loss do not know the court procedure and rules, so they require services of attorneys to help take their matter to court.

IS IT WORTH GOING TO COURT?

Cars are very expensive. Fixing them is more expensive. Consequently, some people cannot afford to not go to court when their car was damaged in a collision, or they caused damage to someone else’s car.

To avoid committing a crime of self-help (taking justice into own hands), harassment and others, the proper way of recovering the damages caused to your car is by going to court. The exercise comes at a price, but it is worth it, given the value of your loss. Accordingly, it may prove unwise to go to court with civil claim arising from motor vehicle accident where the loss is negligible. At times, you may find that what you will spend in legal fees and expenses will be way more than you can hope to get back. Accordingly, one must weigh their options. A talk with a legal practitioner can help you to assess all relevant aspects including the chances of winning the case, the duration and the costs involved.

But what if someone is taking you to court, should you defend the action, is it worth it, or should you just let them take judgement against you?

When you admit that you are wrong and because of your negligent driving you caused damage to someone else’s’ vehicle, the best thing to do is not to defend but make an offer to pay for the damages suffered. This option will help you to avoid unnecessary stress caused by the going to court and you will avoid having to pay lots of money trying to pay legal fees to defend a hopeless case.

On the other hand, it may be that, given the collision, it is not clear who was really in the wrong, what then? In such a case, there is a principle applied in our law which is called the apportionment of damages. This works by the court assessing facts and all probabilities and finally determining who was wrong and to what degree and who is liable for what and to what percentage. But for this to happen, you must defend the action and place your version before court for it to consider.

THE BALANCING EXERCISE

So, is going to court worth it when you were involved in a car accident? It depends.

Before emotionally deciding to just take someone to court or defend the action, try to consider this:

                Is the claim economically sensible for me to pursue it? How much am I claiming for or am I going to get?

                Do I appreciate that I was wrong and a cause of the collision?

                How much is being claimed against me? Can I prove a much lesser loss?

Can I prove that the other driver could have avoided the collision or was also at fault?

Considering these inconclusive questions may help and save you from wasting time and money. Most importantly, it will be more prudent if when faced with the motor vehicle collision case, you approach a knowledgeable lawyer to assist you in assessing the facts, weighing options and help you decide on a worthy course– to claim or not, to defend or to concede.

Reference List:

• Magistrate's Court Act 32 of 1944.
• Apportionment of Damages Act 34 of 1956.