, (a) In South Africa, the Road Accident Fund (RAF) is governed by the Road
Accident Fund Act 56 of 1996. The RAF's primary purpose is to provide
compensation to victims of motor vehicle accidents for bodily injuries or death
caused by the negligent driving of motor vehicles.
To address whether Mrs. M can claim from the RAF for the damage to her property,
we must distinguish between claims for personal injury and property damage.
Personal Injury Claim by Mr. M
Mr. M, who suffered a broken leg due to the accident, can seek compensation from
the RAF. The RAF covers personal injuries resulting from motor vehicle accidents.
This includes compensation for medical expenses, loss of income, and general
damages for pain and suffering, as outlined in Ngubane v South African Transport
Services 1991 (1) SA 756 (A). In this case, the plaintiff successfully claimed
compensation for personal injuries resulting from a motor vehicle accident.
Property Damage Claim by Mrs. M
Mrs. M's claim for the repair costs of the boundary wall damaged in the accident falls
under property damage. The RAF Act specifically limits compensation to bodily
injuries and does not extend to property damage. According to Section 17 of the
Road Accident Fund Act, the RAF is only liable for personal injuries or death caused
by a negligent driver. Property damage claims must be pursued through separate
legal channels.
In the case of Padongelukfonds v Apolloa-Els 2005 (2) SA 237 (SCA), the court
confirmed that the RAF does not cover property damage claims. Therefore, Mrs. M
cannot approach the RAF for compensation for the damage to her boundary wall.
She would need to institute a civil action against Mr. Deen Ros for the recovery of
her losses, as he could be held liable under the principles of delict for the negligent
driving that led to the accident.
Conclusion
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller fbinstitute7. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R300,00. You're not tied to anything after your purchase.
