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have you been involved in a car accident?
Did the accident happen after 1 August 2008?
yes no
Were you injured?
yes no
Received medical treatment?
yes no not yet
Were you to blame?
yes no partially
Was it in the last 3 years?
yes no
 

Changes to the system

The Government has, despite strong opposition, and an online petition called Stop the Bill, which was signed by more than 100,000 South Africans, decided to press ahead with changes to the current Road Accident Fund system.  An Act of Parliament in 2005 proposes changes, which will be enacted once the relevant regulations are finalised.  Both documents are available on this website.  The changes are expected to be challenged by a range of organizations, including the Johannesburg Attorneys Association.  Most attorneys believe that some of the changes are unconstitutional - including, as they do, the provision that in future you will only have a claim for a serious injury, and a serious injury will not include somebody who breaks all their legs, arms and loses their nose, for example!  To make things worse, that victim will be prevented from suing the guilty party, or his or her insurance company, even if that guilty person is for example, drunk at the time of the accident and drove through a red robot!  No doubt, it's not the last we have heard of this!  

Whatever the situation in the future, the law will only affect accidents that happen on or after a certain date in the future and that's, if you have an accident now, you are covered by the current system, the matter how the law may change in the future - it will not, in other words, affect your current claim. 

You may find the Draft regulations and 2005 Act here

 

 

 

 

 
 
de Broglio attorneys | 011 788-7273 | raf@onlinelaw.co.za | Office address & directions
 




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