You represent a client who sustained serious injuries in a motor vehicle collision that he was involved in. He was the driver of a motor vehicle that collided with another motor vehicle. By making use of your own created facts/information, draft a section 19(f)(i) compulsory affidavit on behalf of your client that will form part of his third party claim that will eventually be submitted with the RAF
Before proceeding, it is important to note that legal procedures and documents vary depending on jurisdiction. What follows is a basic and general example that may fit within a common law framework, but the specific requirements and forms of a Section 19(f)(i) compulsory affidavit that needs to be submitted to a Road Accident Fund (RAF) or any similar institution will vary by country and possibly by the agency's own regulations. Always consult with your legal counsel to prepare documents that comply with applicable local laws and requirements.
[Your Law Firm's Letterhead]
[Your Law Firm's Address]
[City, State, Zip Code]
[Phone Number]
[Email Address]
[Date]
AFFIDAVIT
I, [Client's Full Name], with Identity/Passport number [Client's ID/Passport No.], residing at [Client's Physical Address], under oath, state as follows:
1. PERSONAL DETAILS
1.1 The deponent is the Plaintiff in this matter, with the aforementioned personal identification and address.
1.2 The Plaintiff avows that they are a [State any relevant particulars: occupation, age, marital status, etc.].
1.3 The deponent was the driver and registered owner of a motor vehicle, make [Vehicle Make], model [Vehicle Model], and registration number [Vehicle Registration Number], involved in a collision.
2. DETAILS OF THE ACCIDENT
2.1 On [Date of Accident], at approximately [Time of Accident], I was involved in a motor vehicle collision at [Exact Location or Intersection].
2.2 The Plaintiff avers that they were driving at a speed consistent with the posted limit and in accordance with the prevailing traffic laws and conditions.
2.3 The accident occurred under the following circumstances: [Provide a detailed description of the traffic conditions, the actions of both drivers before and during the collision, climate conditions, and any other relevant factors].
2.4 The drivers of both vehicles involved in the accident were subjected to sobriety tests, the results of which indicated that neither driver was under the influence of alcohol or any illicit substances at the time of the accident.
3. INJURIES SUSTAINED
3.1 As a result of the collision, I sustained serious injuries including [list injuries, e.g., fractured femur, traumatic brain injury, whiplash, etc.].
3.2 I have since received medical treatment from [Name of Hospital or Clinic] under the care of Dr. [Doctor's Name], who is a [Medical Specialty].
3.3 Attached herewith as 'Annexure A' are copies of all medical reports, including those relating to emergency services, hospitalization, surgery, and ongoing treatment.
4. DAMAGES
4.1 As a direct consequence of the collision, the Plaintiff has suffered loss and damage in terms of:
a. Medical expenses (past and future)
b. Loss of earnings (past and future)
c. General damages for pain and suffering
4.2 An itemized list of incurred and estimated expenses is attached herewith as 'Annexure B'.
5. CLAIM AGAINST THE ROAD ACCIDENT FUND
5.1 The deponent affirms that the collision was materially caused by the negligence and wrongful acts of the driver of the other vehicle involved, namely [Other Driver's Full Name] driving [Other Vehicle Make and Model, Registration Number].
5.2 In accordance with Section 19(f)(i) of the [Act's Name, Year], I hereby submit this affidavit to support my claim against the Road Accident Fund for compensation relating to the injuries suffered and consequent damages.
6. TRUTH AND VERIFICATION
6.1 I hereby declare that the information provided in this affidavit is true and correct to the best of my knowledge and belief.
7. SIGNATURE
___________________________
[Client's Full Name]
Subscribed and sworn to before me on this [Date] at [City or Town, State].
___________________________
Notary Public
My Commission Expires: ___________________
[Notaries public—don't forget to affix your seal or stamp]
[Attach Annexure A, B, and any other relevant documents]
Note: Before finalizing the affidavit, it’s customary to seek input from your client to ensure accuracy of facts and details, and it must be properly notarized. In addition, make sure to check the legal requirements for affidavits in your jurisdiction as the format, phrasing, and contents may require adherence to strict regulatory standards.