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15.5.2013 Road accident fund regualtions ammended


With effect from the 15th of May 2013, the Regulations to the Road Accident Fund were amended.  The main points that were amended are as follows:

1. A list of injuries which may never be assessed as serious have been provided;
2. The maximum cost of a Form 4 Assessment that the Road Accident Fund will be obliged to reimburse the claimant for has been capped at R2 650.00 excluding VAT.  This despite the fact that in practice the medical practitioner charge significantly more to complete the form.  The effect of which will be to further deprive the claimant as he will have to make up the shortfall out of monies which were intended to compensate him for his injuries;

3. The time limit within which the Road Accident Fund is now given to either accept or reject the claimant’s serious injury assessment or refer the claimant for further medical examination has been set at 90 days.  Unfortunately no consequences are provided when the Road Accident Fund fails to comply with this deadline.  We find that in virtually all cases we are compelled to bring an application to the High Court to obtain an order compelling the Road Accident Fund to make a decision before they accept the serious injury report. In an earlier draft regulation the Road Accident Fund would be deemed to have accepted the report unless they reject it within a certain time period, but this was not included in the final amendment.  As a result the current procedure of being forced to go to court to obtain an order to compel the Road Accident Fund to make a decision will no doubt continue.

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