RAF

RAF Amendment Act 19 of 2005

Legislation effective from 1 August 2008.

Regulation 6(1)

Claimants must lodge claims at any RAF office.

Constitutional Court

Court that upheld provisions of the RAF.

Medical expenses liability

RAF liable for reasonable medical expenses post-accident.

Preceding legislation

RAF Act of 1996, applicable to earlier accidents.

Claim lodging locations

Claims can be lodged at any RAF office.

Jurisdiction for claims

Court where cause of action arose handles claims.

Common law delictual claims

Claims based on negligence outside statutory provisions.

Hospital expense vouchers

Documents proving payment for medical treatment.

Permanent injuries

Injuries that require ongoing medical treatment.

Claim documentation

Prepared papers necessary for lodging claims.

Claim types against RAF

Various claims possible for accident-related injuries.

RAF Claims

Claims against the Road Accident Fund for injuries.

Common Law Delictual Claims

Claims against wrongdoers under common law.

Compensation Guarantee

RAF guarantees compensation to eligible victims.

Negligent Driving

Driving that fails to meet reasonable care standards.

Personal Injury Claims

Claims specifically for bodily injuries sustained.

Motor Vehicle Damage Claims

Claims for damage to vehicles or property.

RAF Act

Legislation governing Road Accident Fund claims.

Claimant Requirements

Victims must meet specific criteria to claim.

Road Users Coverage

All road users in South Africa are covered.

RAF Fuel Levy

Income from a levy based on fuel sales.

National Treasury Role

Determines RAF Fuel Levy value annually.

Section 18(1)

Previous legislation limiting passenger claims.

Passenger Claim Categories

Different categories for passenger compensation limits.

Special Damages

Compensation for quantifiable financial losses.

General Damages

Compensation for non-economic losses like pain.

Claim Limits

Maximum recoverable amounts for specific claims.

Liability Relief

RAF covers certain liabilities of drivers.

Foreign Claims

Foreigners can claim for injuries in South Africa.

Injury from Avoiding Collision

Injuries sustained while avoiding accidents can be claimed.

Section 18(1)(a)

Limited claims for passengers conveyed for reward.

Section 18(1)(b)

Claims for passengers not covered by section 18(1)(a).

Repeal of Section 18(1)

Section 18(1) was completely repealed in legislation.

Claim Success Dependence

Common law claims depend on claimant's success.

Third-party claim

Claim against another party for damages.

Limited claim

Maximum compensation restricted to R25,000.

Road Accident Fund (RAF)

Government fund for compensating accident victims.

Transitional Provisions Act

Legislation affecting claims post-accident.

Claimant

Individual seeking compensation for damages.

Common law claim

Legal action based on established law principles.

Serious injuries

Injuries qualifying for compensation above R25,000.

RAF TP 1

Form to submit for claim under previous legislation.

Compensation notification

Informing RAF of received payments affecting claims.

Claim submission deadline

Important dates for claim form submissions.

Medical expenses

Costs incurred for medical treatment after injury.

Loss of earnings

Income lost due to inability to work.

Claim rejection

Refusal to accept offered compensation amount.

Claim acceptance

Agreement to settle for offered compensation.

Pleadings closed

Stage in litigation where parties finalize claims.

Accident date

Date when the incident causing injury occurred.

Injury recovery

Process of healing from sustained injuries.

Hospitalization

Time spent in a hospital for treatment.

Claimant's rights

Legal entitlements of individuals seeking compensation.

Compensation deduction

Reduction of final award based on prior payments.

Court ruling

Judicial decision affecting claim eligibility.

Claim settlement

Resolution of a claim through compensation agreement.

RAF Transitional Provisions Act

Allows claims under new Act for unresolved claims.

General Damages

Compensation for non-economic losses, capped at R25,000.

Serious Injury

Requirement for damages exceeding R25,000 under RAF.

Special Damages

Compensation for quantifiable losses like medical expenses.

Settlement Exclusion

Settled claims cannot be recovered under Transitional Act.

Reckless Driving Conviction

Driver's conviction may lead to compensation for damages.

S300 CPA

Court may award compensation for property damage.

Application for Compensation

Injured party or prosecutor can apply for damages.

Documentary Proof

Expert evidence required to substantiate damage claims.

Civil Judgment Effect

S300 awards treated as civil judgments for recovery.

Warrant of Execution

Legal order to enforce payment of a judgment.

S65 Proceedings

Process to recover debts through court enforcement.

High Court Summons

Initiate legal action if RAF refuses to settle.

Rule 33(4) Application

Separate liability and quantum issues in court.

Order on Liability

Court ruling in favor of plaintiff on liability.

Rule 34A Application

Request for interim payment from the court.

Section 19 Exclusion

RAF liability exclusions under current and previous laws.

Household Members Exclusion

Specific exclusions for household members under legislation.

Interim Payment

Temporary compensation awarded before final judgment.

Evidence and Proceedings

Court may require further evidence for compensation.

Convicted Person Compensation

Court can order convicted person to pay damages.

Expert Evidence

Professional testimony needed to prove damages in court.

Third-party claimant

An individual seeking compensation after an accident.

Section 18(1)(b)

Legislation requiring sole negligence for claims.

Household member exclusion

Passengers living with the driver cannot claim.

Duty of maintenance

Legal obligation to support another individual.

RAF Amendment Act 2005

Legislation repealing exclusions for passenger claims.

R 25 000 limit

Previous cap on passenger claims now removed.

Final settlement

Agreement reached before the order's date.

Prescribed claims

Claims that have exceeded the legal time limit.

Final judgment

Court decision made before the order's date.

Excessive speed

Driving faster than the legal or safe limit.

Evasive action

Maneuvering to avoid a collision.

Personal injuries

Physical harm suffered by an individual.

Loss of amenities

Diminished quality of life due to injuries.

Past hospital expenses

Costs incurred for medical treatment received.

Future medical expenses

Projected costs for ongoing medical care.

Pain and suffering

Emotional and physical distress from injuries.

Loss of support

Financial impact from the death of a provider.

Common law claims

Legal claims based on judicial precedents.

Section 21(1)

Legislation abolishing certain common law claims.

Secondary emotional shock

Emotional distress resulting from witnessing an accident.

Road Accident Fund Act 1996

Legislation governing compensation for road accident victims.