Exam (elaborations)
TLI4801 Assignment 1 2024
- Institution
- University Of South Africa (Unisa)
TLI4801 Assignment 1 2024
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TLI4801ASSIGNMENT 1
DUE: 19 AUGUST 2024
, TLI4801
ASSIGNMENT 1 2024
DUE 19 AUGUST 2024
(a) Discuss whether the Road Accident Fund can be approached in this
matter involving Mr. M.
The Road Accident Fund Act 56 of 1996 (RAF) in South Africa provides compulsory
coverage for all road users against injuries or fatalities resulting from motor vehicle
accidents. This fund offers compensation for general damages, medical expenses,
loss of income, and loss of support for individuals injured in such accidents.
In the case where Mr. M suffered a broken leg due to a collision caused by Mr. Deen
Ros, and Mrs. M experienced property damage, both Mr. and Mrs. M have valid
grounds to pursue legal action against Mr. Ros for negligence. However, it is
important to assess whether the Road Accident Fund (RAF) can be involved in Mrs.
M's claim.
The RAF, established under the Road Accident Fund Act 56 of 1996, provides
compensation for individuals injured or killed in motor vehicle accidents on South
African roads. Funded by a fuel levy, the RAF covers claims related to personal injury
or death as long as the accident involves a motor vehicle.
Mrs. M's claim involves the cost of repairing her boundary wall, which was damaged
in the collision caused by Mr. Ros. Although the accident involved a motor vehicle,
the RAF generally covers personal injury or death claims, not property damage.
1 The Road Accident Fund Act 56 of 1996
GivSince Mrs. M's claim involves property damage, it is unlikely to be covered by
the RAF. Consequently, Mrs. M may need to seek redress for the property damage
through civil litigation directly against Mr. Deen Ros.
In the case of Mr. M and Mrs. M:
Mr. M's Injuries and Medical Costs: Mr. M is eligible to claim compensation from the
Road Accident Fund (RAF) for his injuries and related medical expenses resulting
from the negligent motor vehicle accident.
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