Effect of the Road Accident Fund Amendment Act 19 of 2005 | Legal Articles


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Effect of the Road Accident Fund Amendment Act 19 of 2005

The Road Accident Fund Amendment Act 19 of 2005 introduced some significant changes with regards to claiming from the Road Accident Fund (RAF) e.g who can claim, what to claim and how much.

The main reasons why the Amendment Act was promulgated were to ensure the financial stability of the Road Accident Fund, accessibility as well as simplify the claims procedure.

road accident fund regulations

Claiming from the Road Accident Fund

All claims that are as a result of road accidents that happened as from 1 August 2008 are subject to the following as per the Amendment Act;

  • Loss of income and support claims limited to R160 000 per annum, regardless of the actual loss (inflation adjusted);
  • Medical emergency expenses subject to prescribed HPCSA rates;
  • Victims to claim only from the RAF and not from the wrongdoer i.e negligent driver;
  • Only serious injury cases can claim for general damages;
  • Where driver was solely responsible for the accident, injured members of the household may also now claim

The Road Accident Fund Act Regulations

The Amendment Act also removed a limitation on the amount that certain classes of claimants could claim e.g passengers in the course of employment, passengers in a lift club, passengers transported for a fee etc. 

In the event that such passengers suffered loss in a road accident, they could claim only to a maximum of R25 000. The Amendment Act removed this limitation and now they can claim equal compensation as other victims of road accidents.

However, the 6 elements which must be present to sustain a claim for the Road Accident Fund to be liable remain intact. These elements are;

  • Third party
  • Damage or loss suffered
  • Caused by or arising from the driving
  • Negligence or wrongful act
  • Motor vehicle
  • Within the borders of the Republic of South Africa
  • General damages only applicable to serious injury

Van Deventer & Van Deventer Incorporated – Road Accident Fund Attorneys in South Africa

At Van Deventer & Van Deventer Attorneys, our RAF Claims department attorneys are astute, able, and experienced in the work they do.

We have assisted a lot of clients who have fond memories of the comprehensive assistance they received. Make contact with us so that we can assist you with RAF Claims matters.

Our website outlines other areas of law that we specialise in.


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