Mr Mbele, through a Zulu interpreter, told Scorpion Legal Protection his son of between 3 and 4 years of age was living with the mum and they were both living under the care of social workers. He lives in Joburg. In about August 2014 the truck owned by a company called RTP was delivering pots to a home run by social workers when it reversed into the child and the child was killed. The funeral was paid for by the social workers and the owner of the truck company.
Azikhiphi – that’s not on!
Firstly, In terms of the Road Accident Fund a parent can claim funeral expenses when a child is killed in a motor vehicle collision but the parent must provide an invoice confirming payment of the funeral costs.
Secondly, the SAPS must investigate the conduct of the offending driver, open a docket which is sent to the public prosecutor in order for them to take a decision on whether to bring criminal charges against the driver. This was outstanding for this matter.
We explained to the reader the only claim he can make is for the funeral expenses incurred as the child was a minor and not a breadwinner.
Also, the claim for funeral expenses is covered under the Road Accident Fund Act, and can be processed and paid by the fund. But the client will not be able to put a claim through to the fund as he has not paid the funeral expenses.
He said the criminal matter against the driver of the truck was reported at Amangwe SAPS under case number 19/08/2014.
He has made many enquiries with the SAPS but they are unable to tell him whether the case was finalised or not, and whether the driver was convicted for the death of his son.
Our reader struck back legally with Scorpion
I advised him that we will make enquiries with the SAPS regarding the outcome of the criminal investigation and give him feedback.
Consumer tip
There is nothing that the reader could have done because the child died as a result of a motor vehicle accident. However, if a reader finds themselves in such a situation they must get all details of the case from the SAPS, for example, case number, name and details of the police station as well as the investigating officer’s name. This will help to make enquiries with the relevant police station on the outcome of criminal prosecution, as well as to assist in a civil claim for funeral expenses with the fund.
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