By Mziwandile Nkosi
A taxi ride could cost you your life savings.
"A car hit us from behind and the next thing I knew I was laying next to the road."
These are the words of a pregnant 24-year-old Thandi Zondo (not her real name) who was flung out of a taxi after a drunk driver hit them from behind in a near-fatal accident on the M1 road early last month.
A few days later Thandi was confronted by a huge hospital bill which shocked her.
Passengers of the second largest public transport system in the country may not be covered for passenger liability claims in case of an accident.
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And getting money back can take up to five years while hospital bills or the loss of income eats away at your finances.
Days after the accident, Zondo and other passengers, through a lawyer, lodged a civil claim with the Road Accident Fund (RAF).
This involves submitting at least seven documents including medical certificates.
This process is costly and wastes time as it includes lawyers' fees but it's easier than going it alone.
Zondo's lawyer, Nick Hansworth, said that a civil claim is being pursued directly with the RAF.
"A direct claim to the taxi owner would require at least 1 percent proof of negligence by the taxi driver in causing the accident," he said.
The man who deals with taxi accident claims Abe Moalusi, from the South African National Taxi Council (Santaco) said: "The taxi owners are required by law to register for vehicle and passenger liability cover, following the recapitalisation process in the industry. However, not many taxis have the second type of cover."
This is because most taxi owners choose to cover only their vehicles to decrease their insurance costs and leave passenger liability to the hands of the RAF.
Mabongi Jiji, spokesperson for Scottfin insurance broker, confirmed the company provides vehicle and passenger liability covers for members of two largest taxi association.
She admitted to not having had a single claim for passenger liability in the last three years.
"The success of these claims (passenger liability) largely depend on a successful claim from the RAF which acts as our screening process and then those passengers have leave to apply directly to the taxi owners if they are not satisfied with pay outs from the RAF," she said.
Claims per passenger in a taxi accident could be up to R1-million, depending on the injuries or loss of income.
But these claims are not always successful due to technical reasons involving problems with the registration requirements at the RAF, leaving the claimants at a disadvantage.
Examples would include an injured passenger who did not fill out all the forms correctly.
Fortunately for Zondo, hospital bills were covered by her boyfriend's medical aid and the couple are expecting a healthy baby soon.
- This article was originally published on page 7 of The Star on July 08, 2008
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