The Road Accident Fund (RAF) recently released a paper proposing the development of “standard formulae”, along with an automated platform, for calculating the losses of road accident victims.
The paper applies to calculating settlements for loss of earnings, loss of support and general damages.
However, it appears that the RAF has fundamentally misunderstood a number of electuary public law principles.
The RAF itself has no power in law to propose changes to the RAF Act. It doesn’t have the authority to set standardised damages through a discussion paper. Instead, the Fund is responsible for administering the Act as it was passed by Parliament.
Also, road accident victims have a constitutional right to fair compensation for losses – as decided by the courts and based on the unique facts of each case.
See our full response to the RAF’s paper here.
RAF claims with DSC Attorneys
DSC Attorneys has extensive experience in Road Accident Fund litigation and has been actively involved in making submissions to Parliamentary Transport Portfolio Committees in respect of mooted legislative amendments. We support every client’s right to justice and work on a “no win, no fee” basis. Contact DSC Attorneys now.
