Metrorail is the largest transport supplier in South Africa, with millions of people commuting via train everyday.

Unfortunately, train accidents and train-related injuries are not uncommon.

If you have suffered an injury on a train operated by Metrorail, or have been injured at one of their stations due to negligence on the part of the operator or its employees, you may be able to make a compensation claim.

Who to Claim From: PRASA or Metrorail? 

The Passenger Rail Agency of South Africa (PRASA) is a state-owned enterprise, governed by the South African Department of Transport. PRASA owns Metrorail, and so, if you have been injured in a train-related accident, you would direct your claim to PRASA.

The kinds of events that you could claim damages for include injuries sustained through:

  • Train Fires
  • Collisions
  • Derailments
  • Unsafe Conditions
  • Falling from the platform
  • Being pushed from/ falling out of a train
  • Falling while on Metrorail property

It is important to note that it will have to be proven that the circumstances leading to your injury were as a result of negligence on Metrorail’s part – and that these circumstances were avoidable.

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How the Claims Process Works

 If your claim exceeds the amount of R15 000, you will not be able to submit your claim via the Small Claims Court, and will need an attorney to assist you in the claims process and represent you in the settlement and/ or trial proceedings.

This is an example of the process timeline:

  1. We Collect Evidence

The responsibility to prove fault always falls on you, the claimant. For this reason, it is important that you have evidence to support your case. As your attorney, we can assist you in gathering sufficient evidence to strengthen your case.

Such evidence can include:

  • Witness Statements
  • Video/ photographic footage of the incident and/ or the injuries sustained
  • Medical reports/ records
  1. Specialists Are Consulted to Help Determine Your Claim

We will assist you in consulting the relevant medical experts, who will be able to verify the cause and severity of your injury, and assist us in estimating the medical care that you may require in the future.

In some cases, an Actuary may be needed to quantify the financial loss that you may have suffered as a result of the accident.

At Davidson Attorneys, we have long-standing working relationships with a wide network of experts, which is helpful in expediting this part of the process.

  1. PRASA is Notified

 PRASA must be notified of the intended action within 6 months of the accident’s occurrence. After this process has been completed, the Court process will begin.

  1. Settlement or Trial Proceedings

Upon reviewing the notice of intended action, PRASA may offer you a settlement, out of court. You may choose to accept or reject this offer after consulting with your attorneys. Should you reject the offer, a trial will commence.

During the trial, the evidence gathered will be presented to the court, and a judge will decide whether your claim is valid, and determine what compensation PRASA is liable to provide to you.

During both the settlement and trial phases – expert legal advice is crucial.

Contact us for a free consultation. If we take on your case – you will not pay any attorney’s fees unless the case is settled in your favour.