Date: 21 Sep 2023

Crashing reality. What the proposed changes to the RAF mean for accident victims

Anyone who has ever been in a road accident knows that it can have a profound impact on you, affecting you physically, mentally, and financially.

Anyone who has ever been in a road accident knows that it can have a profound impact on you, affecting you physically, mentally, and financially.

Victims can suffer injuries ranging from minor cuts and bruises to life-altering disabilities that can lead to prolonged pain, rehabilitation, and potential disabilities. Financially, the aftermath of an accident can be devastating with medical bills, vehicle repairs, and lost income, to name a few.

Currently, anyone involved in a road accident in South Africa can claim from the Road Accident Fund (RAF) – drivers, passengers, bystanders, or even dependents. Drivers can claim for all medical expenses arising from injury, and if they have a loss of income, they can claim a limited amount.

But, not only is the fund severely financially constrained due to the significant number of claims made against it, its litigation bill has run into the billions of rands.

“Now there’s a new draft bill before Parliament, one that gives the RAF a complete makeover,” says Nolu Maki, spokesperson for DearSA. “The proposed amendments include a complete restructuring of the RAF, replacing compensation with structured benefits.

“This would mean that victims will not receive compensation for actual damages suffered, but rather a drop of what the government would consider is owed to them in terms of loss of earnings.”

There’s also a list of circumstances that are explicitly excluded, for example, the RAF would be indemnified if the vehicle in which the parties were traveling had public liability insurance. Another proposed change is that medical aid schemes will not be able to recover the portion they paid on behalf of car crash victims.

“Participating in the democratic process gives you the chance to express your ideas, opinions, and concerns, ensuring that your point of view is considered,” adds Maki. “The public has until 8 October 2023 to comment on the Road Accident Fund Amendment Draft Bill.

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