Road Accident Fund

The Department of Transport published a draft Road Accident Fund Amendment Bill on 8 September 2023. The amendment bill aims to make a lot of changes to the way the RAF actually works, but one of the more contentious points is moving away from a compensation model to a “social benefits” model. Should the draft […]

Road accidents involving food delivery drivers are far more common than you can imagine, with most cases reported to have resulted in serious injuries and death. Following the COVID-19 pandemic, with most people choosing to stay indoors, the food delivery industry expanded and presented more opportunities for players in the industry. It also created job […]

The Constitution of the Republic of South Africa, in its supremacy status, requires all three arms of the State, (i.e., the legislature, the executive and the judiciary) to adhere to, and uphold all its principles. This article seeks to discuss the principle of separation of powers as enshrined in the Constitution, with regards to Regulation […]

The Minister published an amendment to the Regulations on 27 May 2022 which replaced the RAF1 claim form as previously published. However, this amendment has had further reaching effects than probably anticipated. The effects of the amendment are going to be discussed hereunder the following headings: A. At lodgement of the claim; B. At trial; […]

It is that time of the year where there is ordinarily a worrying rise in motor vehicle accidents. As expected, road accidents awareness campaigns by the Department of Transport and other relevant agencies are in full swing. It is therefore apt that the public be informed or reminded about some of the realities with regard […]

Dependent children have the right to claim for loss of support from the Road Accident Fund, provided their parent passed away in or from a motor vehicle collision which was not their fault. In other words, the collision must have been partly or entirely caused by the negligent driving of someone else Parents can also […]

We have seen over the years that the number of accidents considerably increase. This is evident from the annual statistical reports by the Department of Transport. It is common knowledge that, in law, victims of the car accidents can claim for compensation from the Road Accident Fund, in terms of the Road Accident Fund Act. […]

An injury to a person’s toes would not necessarily be regarded as a serious injury in a claim against the Road Accident Fund, unless you are a male thespian. A thespian was a passenger in a motor vehicle collision as a result of which he suffered open right metatarsal fractures and a malunion of the […]

We have, over the years, become so accustomed to reading, hearing or even witnessing the firsthand aftermath of horrific motor vehicle accidents on South African roads, that we perhaps don’t immediately realise the full extent of the psychological, social and financial implications of these accidents on those directly or indirectly affected. These devastating effects often […]

When lodging a claim with the Road Accident Fund (“RAF”), road accident victims (“claimants”) may claim compensation under different heads of damages, i.e. past loss of earnings, future loss of earnings/earning capacity, general damages, past hospital and medical expenses, future hospital and medical expenses, as well as loss of support claims. In some people’s minds, […]

It is not mandatory for an individual to appoint a road accident fund lawyer, however, it is advisable to seek out the guidance of one. Adams and Adams RAF attorneys have seen, and been involved, in many cases where the road accident fund (RAF) either under-settles matters and provides unjust and inequitable compensation, or they […]

It is a known fact that the festive period comes with an increase in the number of road accidents. There are various reasons for these i.e. a lot of travel happens during this period, a lot of drinking and driving, etc. Whilst some road accidents occur as a result of the victims’ own recklessness, it […]

On 22 June 2020, the Supreme Court of Appeal not only delivered an interesting judgement for the legal fraternity but brought a widow one step closer to finally realising justice after 10 years. The judgement is crucial for litigators because the matter deals with a fairly regular and familiar issue, concerning a motor vehicle qualifying […]

Author: Mpumelelo Ndlela The Supreme Court of Appeal (SCA) in Motloung and Another v The Sheriff, Pretoria East and Others (Case no 1394/18) {2020} ZASCA (“Motloung”), discouraged the conduct of the sheriff in Pretoria East (“the respondent”) for refusing to serve a high court summons, resulting in the prescription of the Appellant’s third party claim […]

The High Court in Pretoria has ruled that Gauteng’s current Health MEC, Dr Gwen Ramokgopa, must pay for all damages sustained as a result of a local rugby league player’s death at the Steve Biko Hospital.

Unfortunately incidents where it can be shown that medical professionals have neglected their legal obligation and are negligent are becoming commonplace. So what steps should you take if you, or a loved one, find yourself in a similar position?