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Your Rights: Accident Repairer

Question:

My car was damaged in an accident that was caused by a third party. Does he have the right to insist on having my car repaired at his chosen repairer?

Answer:

In terms of the law of delict you have the right to claim the fair, reasonable and necessary costs of repairs to your vehicle. The negligent party does not have the right to choose where your vehicle should be repaired, nor do you have the right to insist that he / she undertake to repair your vehicle at a specified repairer. The law allows you to recover the cost of vehicle repairs from the negligent party by proving what amount will be necessary to put you back into the position existing prior to the occurrence of the accident. You are entitled to negotiate with the negligent party as to what may be the best terms under which to settle your claim for damages.

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