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  • road accident fund
    New Guidelines for Road accident Fund (Part 2)
    Part 2 The court found the abolition was justifiable and reasonable because it formed part of the scheme to set up a compensation regime directed at ensuring the Fund is sustainable, inclusive and capable of meeting its constitutional obligations towards victims of automobile accidents.   Limit on Settlement   The applicants contended the limit on damages for reduction of income or of dependants’ support infringed the right to property under section 25 (1) of the constitution. They asserted that the Amendment Act deprives victims of home in the shape of reduced damages for loss of earning ability or support. To be able to succeed they would need to demonstrate since the constitution just protects arbitrary deprivation of property, that the scheme was irrational. The court found that the scheme wasn’t irrational. It followed that the offending sections didn’t represent an arbitrary deprivation of property.   Regulation 5(1) as well as the Recommended Tariff In regulation 5 (1) the Minister has prescribed the tariff for statements to be paid by the fund for hospital and treatment is that medical other prescribed in the Uniform Patient Fee Schedule (UPFS) tariff. The applicants contended this was irrational, unreasonable and deprived innocent victims of...
  • Road accident fund
    New Guidelines for Road Accident fund (Part 1)
    PART 1 The Constitutional Court has formally ruled on changes to the constitution regarding the damages and indebtedness on the part of  The RAF in 2010, and therefore, the new guidelines have been applied. The following report is a reason of the modifications made and how they’re likely to affect liability, claims and processes for particular parties.   The Abolition of Common Law Claims   Prior to the addition of the Amendment Act, a casualty of a road accident was entitled to claim from the Fund. In case that no claim lay against the fund, or its liability was restricted, the casualty kept a residual common law claim against the wrongdoer. Section 21 of the Amendment Act abolishes this issue to two exceptions. The foremost is if the Fund is not able to pay any damages. The second exception is in respect of claims for loss or damage caused by emotional shock sustained as a result of a claimant having observed, or being advised of the physical harm or death of another individual as a consequence of a motor accident.   The Court analyzed the reasoning supporting the abolition of the right of action from the driver personally. The Minister...
  • Road accident fund
    Constitutional challenge to the Act
    Road Accident Fund Amendments: constitutional challenge to the Act The widely anticipated constitutional challenge to the The RAF Amendment Act, 2005 (“the Amendment Act”) was started recently in the Pretoria High Court. The Law Society of South Africa, The South African Association of Personal Injury Attorneys, The Quad Para Association of South Africa and also the National Council for Persons with Physical Disabilities have applied for assorted parts of the Amendment Act to be declared invalid since they’re inconsistent with the Constitution. The applicants also seek to put aside a quantity of the brand-new Regulations since they’re either inconsistent with the Constitution or perhaps not authorised by the RAF Act.  The material modifications to the Act which are now being challenged are: The abolition of the claimant’s common law right to claim any damages not recoverable from the RAF from the negligent owner or driver of the vehicle that caused the injury, or the company of aforementioned negligent driver (Section 21 of the RAF Act). The basis of the challenge is the fact that this constitutes a breach of the right of road accident victims to security of the individual, the right to an appropriate and powerful remedy for those...
  • Road accident fund
    Take down of RAF Fraudsters
    The crack down in the alleged defrauding of, and corruption in,The Road Accident Fund (RAF) this week  led to the arrest of 17 people. The Gauteng police said last week their members, working in conjunction with the directorate of public prosecutions, began arresting suspects. By Sunday, police had arrested 17 alleged fraudsters acting as frontmen for emergency services and physicians, attorneys, police manager Henriette Bester said. This follows on remarks made by Transport Minister Dullah Omar, who was quoted as saying that all indicators pointed towards the truth that a staggering 25 per cent of annual fund claims – valued at R300 million – were deceptive. A whole chain of people were purportedly involved in claiming for fictional accidents or in adding additional, uninjured folks, onto actual injury claims. The majority of the socalled injury victims were jobless, illiterate people who were duped into supporting claim forms within the belief they were signing job applications, reported on Monday. RAF spokesman Themba Mhambi said more than 10000 fraud cases were being investigated in Durban only. Gauteng’s total numbered about 600, he added. Bester said the suspects had openly encouraged the manufacture of claims by recruiting members of the people – who were...
  • Road accident fund
    Third party Claim (Part 3)
    The RAF doesn’t pay damages for ‘secondary emotional shock’, for example, if you weren’t active in the accident but you observed it. You do yet still have a common law to assert from the ‘wrongdoer’ in cases such as this.   Passengers   Passengers injured in an automobile or motorcycle accident can claim for general and particular damages from the RAF and there isn’t any limit (as within the past) as to the they could claim.   How much time does this take to process a claim?   After 120 days have passed since the claim was lodged with the Road Accident Fund A summons can be issued by an attorney. This provides the claim to the individual handling 120 days to finalise all of the investigations.   The individual handling the claim will generally request your lawyer for an extension of time that will probably be utilized to see whether the claim could be settled without needing to attend court, when a summons is serve on the RAF. Enough time it takes to finalise a claim frequently is dependent upon how complicated the claim is and whether most of the essential info is accessible.   They’ll make an offer...
  • Road accident fund
    Third party claims (Part 2)
    So what can you assert for?   Claims for physical injuries   If you’re injured within an accident, it is possible to claim for:   Your medi-cal expenses: money you taken care of hospitals and physicians to deal with you Damages for pain, putting up with and disfigurement (if body is scarred by the injury) your) loss of earnings, when you haven’t been able to really work after the injury. Claims for lack of support   Then the dependants of such individual has the capacity to claim for lack of support, in the event the breadwinner within the family perishes within an accident brought on by somebody else.   A ‘dependant’ is somebody who is dependent upon another person for food, clothing, shelter, etcetera. In the event the bread-winner had a legal duty to aid you you’ll only succeed with an alternative party claim as a dependent. For example, the widow of somebody who dies could claim damages for herself and the minor children of the dead person. However, you’d not be thought of as a dependant of your own buddy who makes it possible to with cash each month.   Who would you claim from?   The claim is...
  • Road accident fund
    Third-party claims
    Exactly what is a third party claim?   A third party claim is just a claim by someone, or the dependants of someone, who received a physical harm or who perished because of the motor vehicle accident resulting from the negligent driving of the motor vehicle. Third party claims are made to The RAF, which in turn automatically steps in the shoes of the negligent motorist who caused the injury and pays the wounded man for just about any injuries suffered.   Who are able to claim damages from The RAF? It’s possible for you to claim damages from The RAF if:   You’re injured because of the motor vehicle accident resulting from the negligent driving of the motor vehicle driven by another person; You’re the dependant of the person (the bread-winner) who had been injured or expired in a motor vehicle accident resulting from the negligent driving of the motor vehicle by another person.’ You’re a close relative of the dead person in respect of funeral expenses; You are under 21 years but you have to possess the support of the parent or legal guardian. It’s possible for you to maintain if you were involved within an accident for...
  • Road accident fund
    High Noon for the Road Accident Fund (Part 2)
    High Noon for the Road Accident Fund (Part 2)   “The other alternative is always to turn this fund around to match the requirements.”   Cooper said it had been a “very imperfect system” and it needed to be altered into a societal benefit system. “If we can turn across the fund, there will be no demand for Satchwell’s recommendations, where no one understands the actual price of the system indicated.”   A Financial Services Board report this week, however, said the tips of the 2002 Satchwell commission of inquiry “must certainly be discussed at ministerial level and bold conclusions must certainly be taken” to execute a fresh road mishap benefit scheme “as soon as possible”.   Within the routine study to the fund tabled in parliament, Jeff van Rooyen, the executive officer and registrar of short-term insurance at the Financial Services Board, said the RAF’s collected deficit stood at R23million by the end of March last year compared with R16million in the preceding year. It was stated technically insolvent last year.   “With no sign that the deteriorating tendency will subside… the truth is the RAF is certainly on the brink of complete bankruptcy and fiscal recovery seems hopeless,” Van Rooyen said.  ...
  • Road accident fund
    RAF Amendment Act changes could hold serious implications for transporters
    Road Accident Fund Amendment Act Changes. The (RAF) Amendment Act, which took effect in August 2008, has created various challenges transportation for as well as confusion users most, and operators notably on the problem of thirdparty indebtedness. With no clarity or legal precedentsetting event since the Act took effect, transporters are lulled into a false sense of security without realising the serious implications the Act holds. Aon South Africa has warned an evaluation of the meanings of the RAF Amendment Act demonstrates the changes have farreaching meanings for transportation operators and South African road users. It is crucial that transportation providers carefully evaluate their threat within the aftermath of these changes. “The key changes within the RAF are that it now makes it the duty of every person to buy their very own proper additional cover in respect of revenue protection, medical costs and handicap, raising the question whether passenger liability insurance for the transportation provider is currently crucial. Some companies have even considered cancelling their cover within this regard to streamline costs. The decrease in premium would be insignificant,” describes Andre du Sart of danger advisors and insurance brokerage company Aon South Africa. Du Sart advocates that cover is...
  • Road accident Fund Constitutional appeal.
    What is happening with the Road Accident Fund Constitutional Appeal
    Road Accident fund claims Seven road accident victims have joined the Law Society of South Africa in an application challenging the constitutionality and legality of a number of provisions of the Road Accident Fund Amendment Act and Regulations. As co-applicants Permission was granted by the Pretoria High Court yesterday for the seven to be accepted. Attorney Koenie Rantgen said as each of them had a case the seven had been picked as co-applicants. The main use is to be heard the following year. The seven were badly injured in road mishaps and they need to show to the court that they are prejudiced by the amendments to the Road Accident Fund (RAF) laws. They said the amendments refuse them specific rights to settlement that they would have received had They been wounded before August 1 last year when the changes in the law came into effect. A housewife who cannot properly take care of her child, two young males who are now quadriplegics, and also a young woman employed as a credit controller who might lose her eye due to facial injuries. They said that due to the negligence of their injuries were caused by the drivers who, their families are suffering physically, financially and emotionally....