Introduction
A MVA claim in delict for patrimonial loss caused through the driving of a motor vehicle is based on the Aquilian action.
Liability depends upon:
- A voluntary act or omission.
- Wrongfulness of the act or omission.
- Mental capacity of the actor or driver.
- Fault or negligent driving of a motor vehicle.
- Cause; and Patrimonial loss.
- Personal injury.
In a collision case the claimant/plaintiff must establish that: - The insured driver's conduct was wrongful and negligent.
- The insured driver was at fault (fault means dolus intent or culpa negligence).
- The claimant suffered patrimonial loss or personal injury.
- The insured driver caused the loss or injury to the claimant.