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. There is hereby established a juristic person to be known as the raf. 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. The surface of the type of damage suffered in terms of section 17 of the road accident fund act is only scratched.
In terms of the act, the raf covers motor cars and motorcycles but not trains or bicycles. The object of the fund is the payment of compensation in accordance with the raf act for loss or damage wrongfully caused. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure. To provide for the establishment, administration and management of the motor vehicle accident fund as an administrative body to provide assistance and benefits to persons injured in motor vehicle accidents and to dependents of persons killed in such accidents. 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. The new legislation placed tighter limits on what you can claim for. To understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no. Motor vehicle accident fund act 10 of 2007 namibia legal. General damages road accident fund act 56 of 1996 as amended, read with regulations promulgated under the act serious injury to be determined in accordance with procedure prescribed in reg 3 of the regulations raf not bound by the determination of a serious injury by its own expert the high court wrongly awarded. Legal succession to the south african transport services act, 1989 act 9 of 1989 national railway safety regulator act, 2002 act 16 of 2002 invitation for comments on the draft railway safety bill. Road fund administration act 18 of 1999 namibia legal database. Road accident fund act and regulations 561996 data dynamics.
Welcome to the road accident fund raf road transportation is a critical element supporting and directly contributing to growth in any economy. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. The road accident fund is financed by collecting a small percentage on top of all the petrol and diesel purchased in south africa and this is used to finance the state supported road accident fund. The commission reports that as at july 2001 the raf were dealing with 31 318. The main purpose of the fund is to limit the liability of the negligent driver. The road accident fund is a fund that has been established by the road accident fund act. The volume and extent of these claims was highlighted by the road accident fund commission report vol 1 840. Average loss of earnings claims increased by 1% from r732,371 to r739,214. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily.
Road accident fund claims from the road accident fund in. Adjustment of statutory limit in respect of claims for loss of income and loss of support. Consult our simple explanation of the 2008 changes to. The assessment shall be carried out by a medical practitioner registered as such under the health professions act, 1974 act no. Government gazette 31249, regulation gazette 8927, government notice 770 subject. Motor vehicle accident fund legal assistance centre. The amendment act limits the road accident funds rafs liability for compensation in respect of claims for nonpecuniary loss general damages specifically. In issuing any order as to costs on making such award, the court may take into consideration any written offer, including a written offer without. Changes to road accident fund compensation dsc attorneys. Dec 18, 2014 the road accident fund provides compulsory cover to all users of south african roads against injuries sustained or death arising from accidents involving motor vehicles within the borders of south. The raf provides insurance cover which compensates all south african road users for injuries sustained or death arising from accidents involving motor vehicles within the borders of south africa. 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. This report may only be done once what is referred to as m.
Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. Since 2000 suppliers claims have increasingly become an integral part of the personal injury claims landscape. Amended by raf amendment act 43 of 2002 from 4 dec 2002. The road accident fund act was amended in 2005 to readdress the criteria for compensating victims of a road accident for general damages for. S 10 amended by revenue laws amendment act 19 of 2001. One of the effects of the road accident fund amendment act is that with effect of any accident occurring from the 1st of august 2008 onwards, a serious injury assessment has to be completed. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no. S 4 amends financial supervision of the road accidents. Fund, established by the road accident fund act, 1996 act no. Road accident fund the criteria for claiming youtube. How to claim from the road accident fund without a lawyer. To provide for the establishment of the road accident fund. The road accident fund provides compulsory cover to all users of south african roads against injuries sustained or death arising from accidents involving.
Section 1 of 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. 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. A critical evaluation of the rabs bill and the common law. 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. Historically, before the transitional provision act from 1942 to 2012 in south africa, if one was a passenger in a taxi by law the raf said to those people were good enough to pay the fuel levy but at best would be given r25 000 no matter what the impact of a vehicle road accident was.
Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. The road accident benefit scheme bill rabs explained to understand the origin of the rabs bill, it is necessary to first understand the current road accident fund raf that was established by the raf act no. The road accident fund amendment bill, 2017 the proposed amendments to the principal act, as contained in the raf amendment bill of 2017, is intended to address specific aspects of the principal act to support effective financial management and improve the timely, efficient and costeffective delivery to road accident victims. Assessment of the different kinds of damage especially. Every time you purchase petrol or diesel, you automatically contribute to a statutorily prescribed levy, which is used to finance the fund. Subject to section 281, the multilateral motor vehicle accidents fund established by the agreement concluded between the contracting parties on 14 february 1989, shall cease to exist, and all money credited to that fund immediately before the commencement of this act shall vest. The raf provides personal injury and, when applicable, death. 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. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and 171a introduced the concept of serious injury.
The raf can substantially curtail litigation as is clearly intended by the act by astutely and effectively making use of s 173b of the road accident fund act 56 of 1996, which reads. 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. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. The road accident fund act 56 of 1996 and serious injuries. Road accident fund raf personal injury and medical. Pdf the interpretation of the amended raf act 56 of 1996 and the. In its current form, the road accident fund was originally governed by the raf act 56 of 1996. The road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act. The road accident fund amendment bill, 2017 gert nel inc. Road accident fund commission act delhi high court. This act limits the road accident funds liability for compensation in respect of claims for nonpecuniary loss to instances where a serious injury has been. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. Section 6 of the principal act is hereby amended by substitution for subsection 1 the financial year of the fund shall run from 1 may april of any year to 30 april 3 i march of the following year.
Road accidents in all vehicles are automatically covered by the road accident fund act. The road accident fund raf is a statesupported insurance fund that provides compensation to the victims of road accidents in south africa. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. Is the road accident funds litigation in urgent need of. This act limits the road accident fund s liability for compensation in respect of claims for nonpecuniary loss. To amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. To establish a road fund administration to manage a road user charging system.
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