Before getting a learner driver's licence, and in order to be a good driver, you need to know and understand what the road signs mean to ensure your safety and that of other roadusers.
But soon after obtaining a driver's licence, some people forget or just defy the road signs to the detriment of others.
And sometimes out of frustration of not finding a parking space, we allow parking attendants to allocate us illegal bays - for a fee.
An example of this is the case of Bongani Sibeko, whose car was hit by a truck after he had parked on a loading zone. Consequently, he has been battling to get full compensation from the owners of the truck.
Sibeko wanted full compensation for the damage caused to his car while the truck owners wanted them to apportion damages as Sibeko was also "negligent".
His car was bumped by an Intercity truck in July, and though its driver had acknowledged he was at fault, Sibeko has not been fully compensated.
Sibeko said after the accident, he and the driver called Ben Brits, the managing director of Inter City Auto towing, who offered to compensate him for the damage after they notified him about the accident. But Brits later ignored his e-mails and telephone calls after a few correspondence, Sibeko said.
Before Brits stopped communicating with Sibeko, he told him he was the one at fault as he had parked his car illegally and should instead lodge a claim with his insurance company.
"Yes I admit I was wrong, but just because the vehicle was parked illegally, it does not mean that the driver of the truck should get off scot-free," reasoned Sibeko.
He said there is a duty for all the drivers to keep a proper look- out and treat a stationary vehicle the same way as they would treat a fallen tree or a waste bin.
Brits told Consumer Line that he was willing to carry at least 50% of the cost. He said Sibeko's car was not only parked illegally.
"In fact, it was obstructing the very path where my truck had to turn, and my driver's action was truly accidental."
He said Sibeko's way of parking was deliberate if not negligent.
"Based on this, I asked him to reconsider his claim - which he has not done," Brits said.
He said Sibeko denied to make any contribution or accept responsibility for the damage to his vehicle and wanted to claim the full extent of the damage from his company.
To replace the bumper, it cost Sibeko R4500, and Brits offered to pay him R2250 of the actual cost if he sent proof of payment.
Though Sibeko has sent his invoice as proof of payment, Brits would not budge.
"Unfortunately, I've been exposed to situations in the past where people submit inflated quotes and invoices for damages in order to enrich themselves," he said.
Brits said he had been in the automotive business for many years and have had to pay several bumper repairs.
"So in my honest opinion, the damage to Sibeko's car should not have amounted to more than R1000."
He said he could not see the need for a new bumper as quoted.
However, he said he was sure that Sibeko is a very honourable and reliable man as he could see from their correspondence.
"Consequently, I have given him the benefit of the doubt by offering 50% refund of the actual cost," Brits said.
True to his word, Brits deposited R2255, for which Sibeko was very grateful.
"Your advocacy and ability to hear both sides of the story and your integrity is highly appreciated. I am very grateful and your (consumer line) article will form part of my thesis," Sibeko said.
According to the Apportionment of Damages Act, it is negligent to act in a way that violates the duty a driver owes to another.
In a situation where a driver hits an illegally parked car, both parties are negligent.
Hitting a parked car is negligent, and so is parking a car illegally.
The vehicle parker has a duty to follow regulation and park the vehicle at a legal spot to avoid danger or accidents, while the driver of the other vehicle has a duty to drive diligently to avoid such collisions.
The Apportionment of Damages Act allows the court to assess fault by apportioning negligence among parties, who share in the liability for the collision.
The amount for which each party is liable depends on the proportion of fault for which each party is found liable.
Pitfalls of crash at illegal parking spot
Before getting a learner driver's licence, and in order to be a good driver, you need to know and understand what the road signs mean to ensure your safety and that of other roadusers.
But soon after obtaining a driver's licence, some people forget or just defy the road signs to the detriment of others.
And sometimes out of frustration of not finding a parking space, we allow parking attendants to allocate us illegal bays - for a fee.
An example of this is the case of Bongani Sibeko, whose car was hit by a truck after he had parked on a loading zone. Consequently, he has been battling to get full compensation from the owners of the truck.
Sibeko wanted full compensation for the damage caused to his car while the truck owners wanted them to apportion damages as Sibeko was also "negligent".
His car was bumped by an Intercity truck in July, and though its driver had acknowledged he was at fault, Sibeko has not been fully compensated.
Sibeko said after the accident, he and the driver called Ben Brits, the managing director of Inter City Auto towing, who offered to compensate him for the damage after they notified him about the accident. But Brits later ignored his e-mails and telephone calls after a few correspondence, Sibeko said.
Before Brits stopped communicating with Sibeko, he told him he was the one at fault as he had parked his car illegally and should instead lodge a claim with his insurance company.
"Yes I admit I was wrong, but just because the vehicle was parked illegally, it does not mean that the driver of the truck should get off scot-free," reasoned Sibeko.
He said there is a duty for all the drivers to keep a proper look- out and treat a stationary vehicle the same way as they would treat a fallen tree or a waste bin.
Brits told Consumer Line that he was willing to carry at least 50% of the cost. He said Sibeko's car was not only parked illegally.
"In fact, it was obstructing the very path where my truck had to turn, and my driver's action was truly accidental."
He said Sibeko's way of parking was deliberate if not negligent.
"Based on this, I asked him to reconsider his claim - which he has not done," Brits said.
He said Sibeko denied to make any contribution or accept responsibility for the damage to his vehicle and wanted to claim the full extent of the damage from his company.
To replace the bumper, it cost Sibeko R4500, and Brits offered to pay him R2250 of the actual cost if he sent proof of payment.
Though Sibeko has sent his invoice as proof of payment, Brits would not budge.
"Unfortunately, I've been exposed to situations in the past where people submit inflated quotes and invoices for damages in order to enrich themselves," he said.
Brits said he had been in the automotive business for many years and have had to pay several bumper repairs.
"So in my honest opinion, the damage to Sibeko's car should not have amounted to more than R1000."
He said he could not see the need for a new bumper as quoted.
However, he said he was sure that Sibeko is a very honourable and reliable man as he could see from their correspondence.
"Consequently, I have given him the benefit of the doubt by offering 50% refund of the actual cost," Brits said.
True to his word, Brits deposited R2255, for which Sibeko was very grateful.
"Your advocacy and ability to hear both sides of the story and your integrity is highly appreciated. I am very grateful and your (consumer line) article will form part of my thesis," Sibeko said.
According to the Apportionment of Damages Act, it is negligent to act in a way that violates the duty a driver owes to another.
In a situation where a driver hits an illegally parked car, both parties are negligent.
Hitting a parked car is negligent, and so is parking a car illegally.
The vehicle parker has a duty to follow regulation and park the vehicle at a legal spot to avoid danger or accidents, while the driver of the other vehicle has a duty to drive diligently to avoid such collisions.
The Apportionment of Damages Act allows the court to assess fault by apportioning negligence among parties, who share in the liability for the collision.
The amount for which each party is liable depends on the proportion of fault for which each party is found liable.
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