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| in short |

| complicated claiming from the road accident fund |

 

In light of the recent Road Accident Fund Amendment Act, which came into operation on 1 August 2008, attorneys are currently faced with the situation where lodging a claim has become slightly more complicated.

 

Since the constitutionality of the Amendment Act has been challenged, if one lodges a claim strictly in line with the new proposed amendments and they are found wanting and struck down, the success of the claim lodged may be negatively impacted as a result.

 

So, in order to avoid this happening attorneys have been advised to lodge claims both in terms of the Amendment Act and in the alternative, namely in terms of the Road Accident Fund Act prior to these recent amendments.

 

The Amendment Act now abolishes the common law claim which a victim of a road accident has against a negligent driver or owner of the vehicle in question, or the employer of the driver of the vehicle. By lodging a claim in the alternative, as suggested, this will allow for a claimant to pursue the balance of their claim from the negligent driver if the constitutional challenge is successful.

 

Thus, for the time being, the Road Accident Fund should be requested to effect payment in accordance with the Amendment Act, but without prejudice to a further claim against the negligent driver.

 

| contact us |

delport ward & pienaar

attorneys, notaries &  conveyancers
1st floor - cornerstone house

16 loop street

cape town

8001

 

telephone, cape town
+27-21-419.3733

 

telefax, general
+27-21-419.3743

 

telefax, conveyancing
+27-21-425.6782

 

telefax, collections dept
+27-21-421.6625

 

telephone, london
+44-20-8133.0337

 

telephone, washington dc
+1-202-657.6733

 

telephone, hong kong
+852-8139.7374

 

|info@dwp.co.za|

|www.dwp.co.za|

 

 

1st floor - cornerstone house, 16 loop street, cape town | docex 600, cpt | t, +27-21-4193733 | f, +27-21-4193743

info@dwp.co.za | www.dwp.co.za