Question posted in the General Law category relating to Eastern Cape
My name is L Peter, from Cala in the Eastern Cape Province. On the 16th of December 2020, I was on my way home from Pretoria (Centurion) to Lower Cala. I was driving my car Toyota Fortuner pulling a trailer with household contents or furniture, Between Lady Frere and Asketon i.e. 20 minutes away from home, when I was preparing (indicating) to turn right, a white Toyota Hilux, hit my trailer and my car from the back and it was on high speed, while I was not moving.
This Hilux hit me while I was facing Asketon, and my car turned to the opposite direction (Lady Frere), where I was coming from. After the impact, we came out of vehicles (both cars), the driver of the Toyota Hilux was Mr. X (I have his details). I suspected that, X was drunk and since he couldn’t stand properly and communicate with me. To me, it became not necessary to talk to him in his condition. I took out my camera and took the attached pictures, and called police services (Lady Frere office). Police officials arrived in time, when they were taking statements from both of us, they also suspected that Mr. X was drunk and immediately took him for blood testing.
My trailer was damaged beyond repairs, and household contents most were not in re-usable condition. Toyota company, my car insurance and car tracker, also called me to confirm the accident since they can see notifications in their systems. My insurance is repaired my car and I got it back on the 4th June 2021, but my trailer and household contents were not insured. The following day, 17 December 2020, I went to the police station in Lady Frere, I was asking for the accident report number as requested by the insurance. I was then informed that, there will be no accident report number and this is now a case number, blood samples came back to confirm our suspicions that Mr. X was indeed drunk. I was also informed that Mr. X was charged for driving under the influence of alcohol and he was currently in police cells. The police gave me the case number xxxxx (I have details), to give it to my insurance and they promise that it is enough for my insurance to assist me. I asked them about Xolani Bathembu, and they refused to give me any information because this is a case under investigation.
I later find out that, Mr. X is working for TB/HIV/CARE, and the car was hired from EUROPCAR. I wanted to claim from Mr. X's workplace and they are directing me to europcar, claiming for my economic loss as a result of the accident. And EUROPCAR is also not accepting the responsibility for my loss. Mr. X's work place (TB/HIV/CARE) is refusing to compensate for my loss, as well as Europcar (where the care was hired by TB/HIV/CARE ), they all refusing. I have some images from this accident and my communication with TB/HIV/CARE and EUROPCAR, both rejecting my claim. I have lost household items and trailer, and total loss is about R130 000 .00
Who is suppose to compensate me in this case?
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