In terms of the raf act, the running of prescription against the following persons is suspended with regard to their third party claims. In this act, unless the context otherwise indicates. Objectives of the act the rafa is the law, which regulates and administers the compulsory road accident insurance. In klaas v road accident fund an unreported judgment of the north gauteng high court the defendant raised a special plea of prescription and that the cause of action had prescribed. Your aa membership, as well as your aa added value subscription, must both be fully paidup and you must be eligible for service at the time of the road accident. Section 4 of the principal act is hereby amended by the insertion in subsection 1 after paragraph a of the following paragraph. It is not in dispute that their injuries were sustained in. S 4 amends financial supervision of the road accidents. Steps corporation takes to action complicated claims for cover.
Discuss your road accident fund claim with an expert and get a fair payout. For further information please phone the road accident fund on sharecallnumber. In respect of the latter issue, the defendant has given an undertaking in terms of the provisions of section 174a of the road accident fund act, 1996. Occupational asthma diagnosed as caused by recognised sen sitising agents. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. The four appellants as plaintiffs the plaintiffs instituted separate actions against the fund in the south gauteng high court, johannesburg, for the damages they suffered as a result of motor vehicle accidents. The question of law concerned the interpretation of regulation 33da of the road accident regulations, 1 passed pursuant to the road accident fund act 56 of 1996, which requires the fund to accept or reject a serious injury assessment 2 report sia report or to direct the third party to submit to a further assessment, within 90. The defendant also agreed to furnish an undertaking in terms of s174 of the road accident fund act 56 of 1996 for future medical, hospital and related costs again for 80% of the expenses.
The road accident fund act 56 of 1996 and serious injuries. Furthermore, the third party must suffer damage of a particular nature to bring the claim against the raf within the scope of the act. The road accident fund provides compulsory cover to all users of south african roads against injuries sustained or death arising from accidents involving. The raf act of 1996 was amended and as a result the raf amendment act 19 of 2005 came into operation on the 01 august 2008. The old act excludes claims by passengers where the claimant is in law responsible for the maintenance of the driver, or where the claimant is a member of the same household as the driver and the driver is the sole cause of the accident. Contact us on 012 435 9444 or complete the form below and we will contact you. A critical evaluation of the rabs bill and the common law. Road accident appeal tribunal and others v gouws and.
The raf provides financial assistance to people injured in road accidents or the dependants of people. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. Section 3 of the raf act stipulates that the object of the fund shall be the payment of. Section 171 also stipulates and sets out the circumstances under which the road accident fund would be liable to compensate a claimant for bodily injuries sustained in or arising out of motor vehicle collisions. The road accident fund raf is a creature of statue which was governed by the raf act 56 of 1996 up until the 31 july 2008.
Laubscher v road accident fund 9849415 2018 zagpphc. Khumalo v road accident fund 74112017 2019 zagpphc. The road accident fund act 56 of 1996 the raf act deals with the establishment of the road accident fund the fund and matters connected therewith. Under which circumstances does the raf have a right of recourse against the owner andor driver of a motor vehicle in terms of section 252 and 3 of the raf act 56 of 1996. The road accident fund is a national public entity established for the purpose of paying compensation in accordance with the provisions of the road accident fund act, 1996 act no.
Fund, established by the road accident fund act, 1996 act no. Road accident fund for road accidents that occur in south africa, in which you are injured as the result of a negligent driver. What to do if youve been involved in a road accident western. This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996. The raf provides indemnity insurance to persons responsible for accidents whilst extending personal injury and death insurance cover to victims of motor vehicle accidents and their families. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act 19 page pdf.
The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. Further provision in respect of claim for loss of income or support in terms of section 174c. Assessment of serious injury in terms of section 171a 4. One of the raf expenses that had alarmingly burgeoned, is the amount spent by the raf on litigation. Road accident fund raf parastatal motorvehicle insurer in south africa 2017 annual report negative nav usd. Road accident fund v mtati 2005 6 sa 215 sca 2005 6 sa p215 citation 2005 6 sa 215 sca case no 3322004 court supreme court of appeal judge mpati dp, zulman ja farlam ja van heerden ja and jafta ja heard may 17, 2005 judgment june 1, 2005 counsel a d schoeman with b l boswell for the appellant. Road accident fund the criteria for claiming youtube.
Further provision for liability of fund in terms of section 171b 3. The object of the fund is the payment of compensation in accordance with the raf act for loss or damage wrongfully caused. Is the road accident funds litigation in urgent need of. S 10 amended by revenue laws amendment act 19 of 2001. The road accident fund raf in south africa, is a state insurer established by statute.
Masizana v road accident fund 32242012 2017 zaecghc 7. Average loss of earnings claims increased by 1% from r732,371 to r739,214. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been sustained. Be it enacted by the parliament of the republic of south africa, as follows. The compensation paid by the fund is determined by the rafa and regulations. As there is a need for an effective benefit system, which is reasonable, equitable, affordable and sustainable in the long term, and which optimises limited resources and. It limited the fund s liability for compensation in respect of claims for nonpecuniary loss general damages to situations where a serious injury as defined in the act has ensued.
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