This notice shall come into operation on 1 august 2008. The purpose of the road accident fund is to cover all road users within south africa for injuries resulting from motor vehicle accidents. The road accident fund raf is a statesupported insurance fund that provides compensation to the victims of road accidents in south africa. Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. If you qualify to claim from the road accident fund for a serious injury incurred in a road accident that was not solely your fault or the fault of a deceased victim of a crash, youll follow. It is an organ of state created in order to pay compensation to road accident victims injured or to the dependants of those killed as a result of the negligence of the driver or owner of a motor vehicle at any place within south africa. This act is called the road accident fund amendment act, 2001. Profile mva sincephetelo motor vehicle accidents fund. Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. The motor vehicle accidents fund mva fund commenced operations under the fuel levy system on the 1st january 1988. 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. Act to amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no. Nov 17, 2017 raf took to the streets to hear what people had to say about us and the work we are doing in south africa.
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. Claiming from the road accident fund do i have a claim. Road accident fund commission act delhi high court. Depending on the incident, there could be personal injury or death compensations given to anyone who sustains an injury in motor vehicle accidents as long as the claimant is not the cause of the tragedy. While enacting the road accident fund act of 2005, the legislators argued that the limitations put on the previous act were overly discriminatory on certain groups of people, especially the poor and the middleincome earners, who needed the fund more. Regulations the road accident fund regulations published under gn r609 of 1997 government gazette 17939 of 25 april 1997, wef 1 may 1997 in terms of s 26 of the road accident fund act 56 of 1996. Manqinda v road accident fund 1246515 2018 zagpjhc. Mar 16, 2002 false injury and death claims are devastating the road accident fund. At the fund we pay out accident claims to people who were injured in road accidents. When will matter prescribe in terms of road accident fund. The road accident fund is a state insurance that provides cover to all drivers of motor vehicles in south africa in the event of a road accident, and a person wishing to lodge a road accident claim. Compensates for loss or damage wrongfully caused by driving a motor vehicle. It provides insurance cover to all drivers of motor vehicles in south africa in respect of liability incurred or damage caused as a result of a traffic collision. In its current form, the road accident fund was originally governed by the raf act 56 of 1996.
With acts you are guaranteed the latest and most up to date resource for your legislative needs. Assessment of serious injury in terms of section 171a 4. 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 transitional act was introduced to address the constitutional court judgment in mvumvu and others v minister of transport and another 2011 2 sa 473 cc. Contact us on 012 435 9444 or complete the form below and we will contact you. Financial supervision of the road accidents fund act 8 of 1983 previous short title. Almost r1,75billion a year has been paid out in false claims submitted in the past five years, according to the head of the. On 17 june 2009, the respondent, and her minor child where hit by a motor vehicle. In the matter of duduzile v road accident fund 2007 4 all sa 1241 w duduzile having been injured in a motor vehicle collision sued the defendant for damages. Before you could only claim if you were not at fault. The raf, set up by the road accident fund act of 1996, ensures financial compensation, against certain requirements, for persons involved in motor vehicle accidents in south africa, where such accidents are not caused by their own negligence. In 2005, the road accident fund act of 1996 was amended. We are the leading resource for freely available legislation in south africa and are used daily by thousands of professionals and industry leaders.
If due to the negligence or other wrongful act of the driver or of the owner of the vehicle. Welcome to the road accident fund raf road transportation is a critical element supporting and directly contributing to growth in any economy. Discuss your road accident fund claim with an expert and get a fair payout. The road accident fund raf in south africa, is a state insurer established by statute.
There is hereby established a juristic person to be known as the raf. The raf provides personal injury and, when applicable, death. Monday v road accident fund 1606275 2018 zagpjhc 78. R s v road accident fund 4989917 2020 zagpphc 1 21. The committee met to be briefed by the road accident fund raf on the recent freezing and subsequent release of their central bank accounts. To amend the road accident fund act, 1996, so as to authorise the fund to make financial contributions to road safety projects and programmes approved by the minister. 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 sustained. The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road users for personal bodily injuries sustained and death benefits to dependants of breadwinners killed in traffic collisions. The road accident fund transitional provisions act 15 of 2012 the transitional act came into operation with effect from february 20. The road accident fund amendment act 19 of 2005 came into effect on 1 august 2008. For a detailed discussion of the basics of a claim against the raf click here changes to compensation for loss or damage on 3172008 the road accident fund legislation was amended to limit the amount of damages recoverable by an injured party.
Interpretation of section 24 of the road accident fund act. The print subscription includes a free mobile version as well as updates for 12 months print and mobile. The provisions discussed in this article affect persons injured in motor vehicle accidents that occurred on or after 1 august 2008 only. Amends section 4 2 of the road accident fund act, no. According to the road accident fund act of 1996, one is insured against injuries suffered at the hands of another driver. Rectifying the mvumvu disparity the road accident fund. Ooroad accident fundo omeans the road accident fund established by section 21 of the road accident fund act, 1996 act no. 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. Road accident fund claims legal articles legalwise. The road accident fund act 56 of 1996 and serious injuries. The road accident fund is getting replaced heres how.
Every time you purchase petrol or diesel, you automatically contribute to a statutorily prescribed levy, which is used to finance the fund. Amendment of section 1 of act 56 of 1996, as amended by section 125 of act 31 of 2005 1. The average road accident fund monthly salary ranges from approximately r 6 000 per month for assistant to r 56 790 per month for manager. In terms of the act a victim may engage the services of a practicing attorney to assist him or her with a claim against the road accident fund. Acts online provides legislation, including amendments and regulations, in an intuitive, online format. 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. One of the main results is that for claims arising from accidents occurring after 31 july, 2008, the road accident fund is liable for compensating the victims of road accidents for general damages for pain and suffering. This matter dealt with the interpretation of section 233 of the road accident fund act 56 of 1996 the raf act, particularly, the manner in which the fiveyear prescription period applicable to the respondents claim should be calculated. Butterworths legislation service, road accident fund act, no. 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. To gain access to compensation a victim must adhere to the statutory requirements of the road accident fund act 56 of 1996 as amended. Changes to road accident fund compensation in its current form, the road accident fund was originally governed by the raf act 56 of 1996.
The road accident fund is a state insurer established by statute, it provides insurance cover to all drivers of motor vehicles in south africa in respect of liability incurred or damage caused as. Road accident fund raf personal injury and medical. Established by an act of parliament, namely, the road accident fund act, 1996 act no. This act established the present road accident fund whose object it is to pay compensation in accordance with applicable statutes for personal loss or damage wrongfully caused by the driving of motor vehicles. The road accident fund amendment bill, 2017 gert nel inc. To find out if you have a claim, please fill in the following form and one of our staff members will get back to you. The danger of direct claims from the road accident fund raf. The raf is a fund that assists with compensating victims of a motor vehicle accident accident for certain damages suffered. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily.
A glance at the road accident fund amendment bill raf bill. 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. Regulations 2008 gazette 31249 regulation 770 save this article email this article. This act shall be called the road accident fund act, 1996, and shall come into operation on a date fixed by the president by proclamation in the gazette, except section 10, which shall be deemed to have come into operation on 21 april 1996. Changes to road accident fund compensation dsc attorneys. Provides a social security safety net to the country and economy by making available compulsory social insurance cover to all users of south african roads. The court refused to award costs at that stage and ordered that the costs be costs in the cause. S 4 amends financial supervision of the road accidents.
Anele mvumvu first applicant and road accident fund. 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. Call us on 087 550 8099 fill in the contact form and send it to us to receive a free no obligation call back at a time of your choice. Be it enacted by the parliament of the republic of south africa, as follows. The road accident fund operates a system in which a claimant gets a percentage out of the total cost incurred in an accident. South african national roads agency limited and national roads act act 07 of 1998 advertising on roads and ribbon development act, 1940 act 21 of 1940 transport deregulation act 80 of 1988. The raf 1 form not completed by the hospital doctor who treated the patient. Further provision for liability of fund in terms of section 171b 3. The road accident fund is getting replaced heres how the new system will work new load shedding schedule could keep you in the dark for days at a time. Although you can claim direct from the road accident fund raf if you have been involved in a motor vehicle accident, an attorney specialising in personal injury claims has the knowledge and experience to assist you and to ensure that your claim is properly calculated and submitted to the raf in accordance with the road accident fund act and. The act that governs the fund is constantly changing. The claim was lodged within the three years period of prescription and her particulars of claim focused on claims for past medical expenses, future medical expenses and general damages. And yet this is exactly what it boils down to when you look at the situation with road accident victims being not only encouraged to submit their claims directly to the road accident fund but further, in some instances being solicited to do so where. Jafta j 2 has since been removed by the road accident fund amendment act3 amendment act, which came into effect on 1 august 2008.
The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. It is a good organisation in that it puts victims of car accidents in a better. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of the multilateral motor vehicle accidents fund. The road accident fund hereby, under regulation 52 of the road accident fund regulations, 2008, made under the road accident fund act, 1996 act no. She began by outlining the mandate of the raf which was to provide payment of compensation in accordance with the road accident fund act, 1996 act no. The road accident fund raf is a governmentrun insurance scheme operating in terms of the road accident fund act 56 of 1996 as amended. If you are a victim of a road accident then give us a call to you road accident fund attorneys on 087 550 8099 without obligation to discuss your rights. Substantial compliance even though the raf 1 form not completed by the doctor who treated the patient. Further provision in respect of claim for loss of income or support in terms of section 174c. Road accident claim attorneys pretoria pretoria attorneys. Amended by raf amendment act 43 of 2002 from 4 dec 2002.
S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. S 10 amended by revenue laws amendment act 19 of 2001. Motor vehicle accident fund legal assistance centre. The defendant is ordered in terms of section 17a of the road accident fund act 56 of 1996, to reimburse the plaintiff for 100% of the costs of any future accommodation of the plaintiff in a hospital or nursing home, or treatment or rendering of service to him or supplying goods to him arising out of injuries sustained by plaintiff in the. A complete collection of primary and secondary legislation relating to the road accident fund. Mar 16, 2020 the average road accident fund salary ranges from approximately r 174 940 per year for assistant to r 996 604 per year for senior manager.
It sounds obvious enough, but the first thing that a potential raf claimant must prove is that he she was involved in a motor vehicle collision failing which he she cannot successfully claim from the raf. Road accident fund offices jhb johannesburg legal facebook. It has now changed to where you do not have to be at fault when claiming. The act was amended in 2008 in an attempt to sustain the fund financially and simplify the claims procedure.
Its paying out more to accident victims than its receiving from the fuel levy every month. 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. Section 3 of the act that guides the fund expressly and unequivocally states that the objective of the fund is to compensate victims of motor vehicle collisions. Name required email required please give the date of the accident. The road accident fund amendment act, 2005 came into operation on the 1 august 2008 new act the object of both acts is to pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle. In 2005, the road accident fund raf act was amended.
To amend the road accident fund act, 1996, so as to extend the powers of the fund regarding the conclusion of agreements. Road accident fund claims from the road accident fund in. The road accident fund act 56 of 1996 came into operation on 1 may 1997. The mva fund was established by an act of parliament under the motor vehicle accidents act no. In mbatha v road accident fund 2017 1 sa 442 gj, the court disallowed costs at the preliminary stage of the proceedings.
Further provision in respect of claim for loss of income or support in terms of section 174c 5. Engelbrecht v road accident fund and another 2007 6 sa 96 cc. The raf is governed by the road accident fund act 56 of 1996 act, as read with the road accident fund transitional provisions act 15 of 2012. Before the road accident fund amendment act 19 of 2005, which came into operation on 1 august 2008, this had the effect of any person simply being able to institute a claim against the raf in any event of an accident which amounted to damages suffered as a result of injury or death, or even a claim based on pain and suffering. References in what follows to the act are references to act 93 of 1989. Section 1 of the road accident fund act, 1996 act no.
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