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Road Accident Fund Transitional Provisions Regulations Published For Comment

ROAD ACCIDENT FUND TRANSITIONAL PROVISIONS REGULATIONS PUBLISHED FOR COMMENT

The Road Accident Fund Transitional Provisions Regulations was published on the 14th of December 2012 for comment.  In terms of which a claimant who has claimed for an accident which occurred before the 1st of August 2008 and whose claim was as a result dealt with by the old act and whose claim has not yet been finalised, will have be required to elect if they want their claim to be dealt with under the old act or the new act.  This is of particular importance to passengers injured prior to the 1st of August 2008 whose claims has not yet been finalised and whose claims were limited under the old act, namely passengers in the guilty vehicle.  These claimants would now have an unlimited claim in respect of special damages and (although subject to an income cap) and unlimited damages in respect of general damages (subject to the injuries being classified as serious under the requirements of the new act)

To view a copy of the draft regulation, please click on the link
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