ADMIN
[COMPANY NAME]
,1. You are a recently admitted legal practitioner practising as an
advocate in terms of the Legal Practice Act, 2014. On the afternoon
of 26 June 2024 at around 7am in Bryanston, Johannesburg, Mr M
is on his way back home from a run when he got hit by Mr. Deen
Ros, driving a 4/x4 Bakkie motor vehicle with registration number
DR 482 RR GP. The collision occurred on the side of the road a few
metres from the house owned and registered in the name of Mrs M,
the wife of Mr M. and this is after Mr. Ros had lost control of the
motor vehicle which also resulted in him colliding with a boundary
wall of the house owned by Mrs M. Mr M suffered a broken leg
because of the collision and now seeks to institute a claim for
damages against Mr. Dee Ros, including medical costs in the
amount of R130 000,00. The costs to repair the damage to the wall
was quoted to Mrs M as amounting to R68 000,00 and she seeks to
institute legal action for these damages as well. Mr M and Mrs M
now approach you for advice following a referral from a mutual
friend and Mr M’s instructions are for you to institute legal action
against Mr. Deen Ros for his negligent driving that resulted in the
personal injury damages he has suffered, and Mrs M seeks to sue for
the costs to repair the damages to the boundary wall of her property.
4 (a) Discuss whether the Road Accident Fund can be approached in
this matter involving Mrs M. (6)
In the given scenario, the Road Accident Fund (RAF) may not be
approached for the damages to Mrs. M’s property. The RAF is a
South African statutory body established under the Road Accident
Fund Act 56 of 1996, which provides compensation to victims of
road accidents for bodily injuries or death arising from the negligent
driving of motor vehicles.
, Here's a detailed discussion on whether Mrs. M can approach the
RAF for the damages to her boundary wall:
Role of the Road Accident Fund
The RAF provides compensation primarily for:
1. Bodily injuries or death resulting from road accidents.
2. Medical expenses incurred due to the injuries sustained.
3. Loss of income or support.
4. General damages for pain and suffering in cases of serious
injuries.
Scope of RAF Compensation
The RAF does not cover property damage. According to the Road
Accident Fund Act, compensation is only provided for personal
injuries or fatalities arising from motor vehicle accidents. This
means that claims related to damage to personal property, such as a
boundary wall, do not fall within the scope of the RAF.
Mrs. M’s Situation
• Mrs. M’s claim is for the cost to repair the boundary wall of
her property, amounting to R68,000.00.
• This damage is strictly related to property and does not involve
bodily injury or death.
Conclusion
Mrs. M cannot approach the RAF for compensation for the damage
to her boundary wall. The RAF’s mandate is limited to
compensating victims for bodily injuries or death resulting from
road accidents, and it does not extend to property damage claims.
