S 10 amended by revenue laws amendment act 19 of 2001. Aug 15, 2012 the legal basis for the entitlement of persons, to claim from the road accident fund raf due to the death of or bodily injury to any other person, is the existence of a legal duty of the deceased or injured person to support the claimant, without which. Established by an act of parliament, namely, the road accident fund act, 1996 act no. 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. Mr modise read at length the relevant sections of the act. The intention of the road accident fund act, act 56 of 1996, is designed to give the greatest possible protection to victims of the negligent driving of motor vehicles. The raf amendment act of 2005 didnt change the raf act in totality. Contact us on 012 435 9444 or complete the form below and we will contact you. Setting up of state road safety councils and district committees, setting up of road safety fund at state level and setting aside 50 per cent fines collected for traffic violations for this fund, replication of tamil nadu model for implementation of road accident data management system radms.
Amended by raf amendment act 43 of 2002 from 4 dec 2002. Despite a number of road laws which seek to regulate and control the use of vehicles on south african roads, accidents occur daily. S 4 amends financial supervision of the road accidents fund. Nowcerts insurance agency management system accepts downloads from accident fund through ivans. 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.
Roads and public liability in a calabash introduction road transportation is the major mode of transportation in south africa. 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. Road accident claim attorneys pretoria pretoria attorneys. 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. The print subscription includes a free mobile version as well as updates for 12 months print and mobile. Mr farrow referred to the audit reports of the road accident fund, and said that it was difficult for the financial services board to compare apples and pears in the broader spectrum of their monitoring. The road accident fund is the juristic body responsible for providing cover to all road users within a timely and caring manner, while also promoting safe use of the countrys roads. The raf also covers the rehabilitation and compensation of injured parties as a result of. The road accident fund is more than r26 billion in debt despite 12% of the price of fuel being directed to the fund. Selemela v road accident fund 898702015 2019 zagpphc.
The road accident fund raf was established in south africa by an act of parliament. 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 practitioners guide lexisnexis sa. The road accident fund act 56 of 1996 and serious injuries. A complete collection of primary and secondary legislation relating to the road accident fund. Road accident fund regulations, 2008 medical experts road. Its paying out more to accident victims than its receiving from the fuel levy every month. The claim is made in terms of the road accident fund act the act, which deals with the liability or otherwise of the defendant. In order to be eligible to claim from the road accident fund, it must be proven that the driver of the other vehicle was in some way negligent. From the above it is clear that the raf will be liable where the. Dependents claim for loss of support and the application of.
The chairperson referred to the 1993 road accident fund act. It commenced operations on 1 may 1997, assuming at the time, all the rights, obligations, assets and liabilities of. S 4, 6, 1012, 1719, 21, 23, 26 amended by raf amendment act 43 of 2002 from 4 dec 2002. 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. At the fund we pay out accident claims to people who were injured in road accidents. In 2005, the road accident fund act of 1996 was amended. The road accident fund was established under the road accident fund act, 56 of 1996 the raf act to pay compensation for loss or damage wrongfully caused by the driving of motor vehicles. Fund means the multilateral motor vehicle accidents road accident fund mentioned in the multilateral motor vehicle accidents fund act, 1989 act no.
The claim was lodged with the raf on 8 january 2009. You can find out more about accident fund by visiting their main website at accidentfund. The act that governs the fund is constantly changing. 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. The road accident fund raf is a statesupported insurance fund that provides compensation to the victims of road accidents in south africa. Assessment of serious injury in terms of section 171a 1 a a third party who wishes to claim compensation for nonpecuniary loss shall submit himself or herself to an assessment by a medical practitioner in accordance with these regulations. The legal basis for the entitlement of persons, to claim from the road accident fund raf due to the death of or bodily injury to any other person, is the existence of a legal duty of the deceased or injured person to support the claimant, without which. Amends section 4 2 of the road accident fund act, no.
That said, the plaintiff still bears the onus of proving negligence on the part of the unidentified insured driver on a balance of probabilities. Pdf the raf amendment act 19 of 2005 came into effect on 1 august 2008 and sections 171 and. 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. 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. Apr 11, 2016 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. A glance at the road accident fund amendment bill raf bill. Download on app store download on play store download on kindle. The raf provides personal injury and, when applicable, death. 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. This act is called the road accident fund amendment act, 2001.
How much the sa road fund pays out for the average accident claim. S 4 amends financial supervision of the road accidents. Every time you purchase petrol or diesel, you automatically contribute to a statutorily prescribed levy, which is used to finance the fund. The raf also covers the rehabilitation and compensation of injured parties as a result of motor accidents on the road across south africa. Pdf the interpretation of the amended raf act 56 of 1996 and the. It has now changed to where you do not have to be at fault when claiming. Average payouts for specific types of damages were as follows. The mission of the road fund is to finance road maintenance, upgrading and rehabilitation of roads network and road user safety programmes, aligning ourselves with government policy, best business. 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. Road accident fund claims from the road accident fund in. 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. Identity of the negligent driver or of the owner of the motor vehicle who caused the accident has. The raf is a juristic person established by an act of parliament, namely, the road accident fund act, 1996 act no. The road accident fund raf, the public entity which compensates people injured in road accidents in south africa, has reported a 46% rise in revenue for the 201516 financial year, to.
Further provision for liability of fund in terms of section 171b 3. Butterworths legislation service, road accident fund act, no. The mva system indemnifies the driverowner of a motor vehicle against liability incurred as the result of the. The road accident fund raf or fund is a specialised statutory insurance entity paying compensation to injured road users for personal bodily injuries. There is hereby established a juristic person to be known as the raf. Engelbrecht v road accident fund and another 2007 6 sa 96 cc. Division e a guide through the cases to applicable law related to claims for personal injuries and death. To amend the road accident fund act, 1996, so as to insert new definitions. Division f the full text of the road accident fund act of. The road accident fund is a pool of money not the type of pool you swim in although i personally wouldnt mind swimming in a pool of money preferably dollars which offers compensation to individuals injured in road accidents in. The road accident fund act 56 of 1996 came into operation on 1 may 1997. Road accident fund offices jhb johannesburg legal facebook.
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. Road accident fund v ngubane 5852006 2007 zasca 114. 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. Discuss your road accident fund claim with an expert and get a fair payout. According to the road accident fund act of 1996, one is insured against injuries suffered at the hands of another driver. Further provision in respect of claim for loss of income or support in terms of section 174c 5. Subject to section 281, the multilateral motor vehicle accidents fund established by the agreement.
But the hardest thing, says the resident from kempton park in gauteng, is not knowing when he will receive his r1. If due to the negligence or other wrongful act of the driver or of the owner of the vehicle. 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. This position was considered by satchwell j in the south gauteng high court in the case of van zyl v road accident fund gsj unreported case no 342992009, 1162012 satchwell j. Monday v road accident fund 1606275 2018 zagpjhc 78. Before you could only claim if you were not at fault. The road accident fund amendment bill, 2017 gert nel inc. Abbreviationsacronyms agsa auditorgeneral of south africa amendment act raf amendment act, 2005 act no. Do you know how to claim from the road accident fund. The fund appeals against that ruling with leave of this court. Road accident fund commission act delhi high court. Assessment of serious injury in terms of section 171a 4.
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