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Changes to Road Accident Fund Compensation

DSC Attorneys

In its current form, 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 simplify the claims procedure.

The RAF Amendment Act 19 of 2005, which came into effect on 1 August 2008, includes new regulations regarding who can claim from the RAF, as well as what and how much they can claim for.

All claims regarding accidents that took place before 1 August 2008 are assessed in terms of the RAF Act 56 of 1996. 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 most important changes made in the RAF Amendment Act 19 of 2005 include the following:

  • 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
  • a new regulation limiting general damages claims only to instances where serious injury was sustained
  • an amendment that limits claims for medical expenses to prescribed healthcare rates
  • loss of earnings and loss of support claims were capped at R160 000 per annum, regardless of the actual loss incurred; this value is adjusted quarterly to account for inflation and is currently set at R238 670
  • abolition of the victim’s right to sue the wrongdoer for the balance of their damages over and above that which can be claimed from the RAF – victims may only claim from the RAF.

Also, restrictions applicable to certain categories of passengers were removed. Prior to the 2008 amendments, claims against the Road Accident Fund were limited to a maximum of R25 000 for the following types of passengers:

  • 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.

Following the 2008 changes to the Road Accident Fund, the restrictions have been removed to allow these passengers to receive equal compensation to that which other victims of road accidents are entitled, where applicable.

If you have a claim

If you have a possible 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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