FREQUENTLY ASKED QUESTIONS
Persons involved in train related accidents can claim from the Passenger Rail Agency of South Africa (PRASA). PRASA is a state-owned entity that also owns Metrorail.
Where a person has been injured in a train related accident, he or she has three years from the date of the accident or incident within which his or her claim against PRASA needs to be instituted.
Persons getting hit by trains and persons getting pushed out of trains due to a lack of safety measures may instate claims against PRASA. This is only but some of the circumstances which would allows a person to claim from PRASA. Train collisions and fires would also qualify a person for claiming against PRASA. The list is not exhaustive and has to be determined on a case by case manner.
Where a person has been involved in a train related accident it is of the utmost importance that he or she collects as much as possible evidence so as to avoid any future hiccups that may be caused by a lack of relevant information.
Information and evidence relevant to a PRASA claim may include, but is not limited to, the following:
- Train ticket
- Witness statements
- Hospital records / medical reports
- Any type of photographic or video evidence (where available)
It is also important to note that where a person has been involved in a train related accident and wishes to institute a claim against PRASA, PRASA has to be notified of the impending action within 6 months of the date that the accident occurred in terms of the law.
Where such notification is not served on RPASA one may still apply for condonation to allow a person to institute his or her claim against PRASA but where practicable and possible a person should ensure that the necessary notification is served on PRASA within the prescribed time.
PRASA may, upon receipt of the necessary notice and review of the evidence supplied make an offer to the claimant. PRASA may also elect to reject the claim, in which case, if the claimant is assisted by attorneys, the court processes may then begin. Court processes may also be initiated even where RPASA makes a settlement offer to the claimant, but the claimant rejects the said offer.
