The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. 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 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. 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.
Road accident fund the criteria for claiming youtube. 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. Road accident appeal tribunal and others v gouws and. Further provision for liability of fund in terms of section 171b 3. 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. Section 4 of the principal act is hereby amended by the insertion in subsection 1 after paragraph a of the following paragraph. The object of the fund is the payment of compensation in accordance with the raf act for loss or damage wrongfully caused. 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. Objectives of the act the rafa is the law, which regulates and administers the compulsory road accident insurance. What to do if youve been involved in a road accident western. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. 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.
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. Road accident fund raf parastatal motorvehicle insurer in south africa 2017 annual report negative nav usd. Masizana v road accident fund 32242012 2017 zaecghc 7. The minister of transport has, in terms of section 26 of the road accident fund act, 1996 act no. Occupational asthma diagnosed as caused by recognised sen sitising agents. Average loss of earnings claims increased by 1% from r732,371 to r739,214. Further provision in respect of claim for loss of income or support in terms of section 174c. 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. In terms of the raf act, the running of prescription against the following persons is suspended with regard to their third party claims. Section 3 of the raf act stipulates that the object of the fund shall be the payment of.
A critical evaluation of the rabs bill and the common law. The road accident fund raf in south africa, is a state insurer established by statute. The parties are in agreement regarding the seriousness of the injuries and only disagree on the amount to be determined in respect of general damages. 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. 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. One of the raf expenses that had alarmingly burgeoned, is the amount spent by the raf on litigation. Khumalo v road accident fund 74112017 2019 zagpphc. 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.
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. 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. Ninteretse v road accident fund 29586 2018 zagpphc. For these reasons, damage to a motor vehicle as well as damage to clothing, spectacles, false.
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. Is the road accident funds litigation in urgent need of. 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. Be it enacted by the parliament of the republic of south africa, as follows. Furthermore, the third party must suffer damage of a particular nature to bring the claim against the raf within the scope of the act. 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 road accident fund provides compulsory cover to all users of south african roads against injuries sustained or death arising from accidents involving. The compensation paid by the fund is determined by the rafa and regulations. S 4 amends financial supervision of the road accidents. The road accident fund act 56 of 1996 came into operation on the 1 may 1997 old act 19 page pdf. In this act, unless the context otherwise indicates. 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. This legal position is confirmed by the provisions of section 171 of the road accident fund 67 of 1996 as amended by act 19 of 2006.
It is not in dispute that their injuries were sustained in. Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. Laubscher v road accident fund 9849415 2018 zagpphc. S 10 amended by revenue laws amendment act 19 of 2001. 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. 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. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. Section 171b of the road accident fund act of 1996,1 the act as amended by the road accident fund amendment act of 20052 the amendment act with effect from 1 august 2008, provides amongst others that the road accident fund raf shall be obliged to compensate any person the third party for any loss or damage suffered as a result of. The road accident fund act 56 of 1996 and serious injuries. Assessment of serious injury in terms of section 171a 4.