Tag archives: Road Accident Fund

Subrogation and Medical Schemes

Van Tonder v Road Accident Fund (1736/2020; 9773/2021) [2023] ZAWCHC 305 (1 December 2023) The court consolidated two matters against the Road Accident Fund, for payment of each plaintiff’s past medical and hospital expenses, which were rejected by the RAF due to the fact that both plaintiffs were members of private medical aid schemes, who … Continue reading

RAF Discovers Rough Times Ahead

This blog was co-authored by Hannah Howell, Candidate Attorney. On 12 August 2022, the Road Accident Fund, in a presumed bid to extricate itself from its ever-expanding pothole of debt, issued a directive instructing its staff to reject any claims made for past medical expenses if a medical aid scheme had already paid for them. … Continue reading

Deduction of gratuitous payments received by damages claimants

In the June 2021 judgement of Chantell Martin v Road Accident Fund, the court decided that gratuitous or benevolent payments, received by an injured claimant from her husband, should not be taken into account in the calculation of that person’s damages for loss of earnings. The accident occurred in 2015, and the RAF had conceded … Continue reading