The criteria for civil and criminal cases in South Africa can differ, as demonstrated by a dispute brought before the Ombudsman for Short-Term Insurance .
The insured driver said there was a lack of evidence to prove that they were driving under the influence, arguing that the insurer could not uphold the rejection following the withdrawal of the criminal case. Venter said that the burden of proof is one of a balance of probabilities, which is far less intensive than a criminal case, where the state must prove that the case is beyond a reasonable doubt.
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