Reference no: EM133256864

On 16 May 2022, X was travelling from Swakopmund towards Walvis Bay on or about 22h00 on the B2 road with her boyfriend . X was a passenger in the front left passenger seat. It was a clear night with no mist or clouds in the sky. She saw the light of an on-coming vehicle in the far distance and suddenly and without any previous warning, she heard a bang sound which she initially thought was a stone that hit their vehicle. A vehicle veered into their lane of travel, and within moments their vehicle started rolling. In the process, it rolled three to four times until it came to a standstill on the driver's side. It was only then that it suddenly dawned on X that they had been involved in a car accident. It was established in evidence that it was Y's vehicle that was at the stage of the accident, being driven on the incorrect side of the road. X sustained damage to her car, incurred hospital bills as well as incurred further expense in hiring a car while waiting for her car to be fixed. She would like to be reimbursed for the loss sustained.

In light of the above facts, assuming that conduct has been established, explain to X the possibility of her succeeding in her claim based on the whether there was infringement of a legally recognized interest by Y.