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...
Road Accident Fund
A REFLECTION OF LOSS OF SUPPORT BETWEEN SIBLINGS IN THE CONTEXT OF A ROAD ACCIDENT FUND CLAIM
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...
Festive Season Car Crashes: Who Can Claim From the RAF?
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...
The Thespian’s Toe’s vs RAF
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...
The Road Accident Fund Act: Who is Entitled to a Claim and What Can Be Claimed?
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...
Does the Road Accident Fund Pay for Future Hospital and Medical Expenses
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...
Road Accident Fund Lawyer: When Do I Need One?
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...
Festive Road Crashes: A Brief Description of the Compensation Process
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...
Landmark judgement against the Road Accident Fund
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...
Third Party Claim Prescribes After the Sheriff Refuses to Serve a Summons
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...
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