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Changes to Road Accident Fund Compensation

DSC Attorneys

The Road Accident Fund was originally governed by the RAF Act 56 of 1996. The Act was amended in 2008 in an attempt to sustain the fund financially and to simplify the claims procedure.

The RAF Amendment Act 19 of 2005 came into effect on 1 August 2008.

It introduced new regulations regarding who can claim from the RAF, as well as what and how much they can claim.

All claims arising from accidents that occurred on or after 1 August 2008 are subject to the provisions of the Amendment Act 19 of 2005.

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Key changes to the Road Accident Fund

The RAF Amendment Act 19 of 2005 introduced the following changes:

  • removal of the limitation preventing members of the same household as the negligent driver from claiming, where the driver was solely responsible for the accident
  • limiting claims for general damages to cases involving serious injury
  • limiting claims for medical expenses to prescribed healthcare rates
  • capping loss of income and loss of support claims at R160 000 per annum, regardless of the actual loss incurred; this value is adjusted quarterly to account for inflation
  • abolition of the victim’s right to sue the wrongdoer for the balance of their damages – victims may claim only from the RAF.

Removal of restrictions for certain categories of passengers

Prior to the 2008 amendments, claims against the RAF were limited to a maximum of R25 000 for certain types of passengers.

These included:

  • passengers being transported for a fee in the vehicle responsible for the accident
  • those being transported in the course of their employment
  • passengers in a lift club
  • motorcycle passengers conveyed for a fee
  • passengers being conveyed in the course of the lawful business of the owner of the vehicle.

The restrictions have been removed to allow these passengers to receive equal compensation to other victims of road accidents, where applicable.

If you have a claim

If you have a claim against the Road Accident Fund, contact us at DSC Attorneys for expert legal assistance. All our attorneys are highly experienced in personal injury law and offer many years of combined experience in handling Road Accident Fund claims.

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