Since the Road Accident Fund Amendment Act came into effect on the 01st
of August 2008, anyone claiming general damages would have to prove that their injuries are serious enough to constitute a 30% long term disability. General damages being a lump sum amount for things such as pain, suffering, loss of amenities of life, disfigurement, etc. In order to determine if your injuries qualify as serious, we will refer you to our panel of medico-legal experts in order to prepare a medical report in terms of the American Medical Association’s Guideline. If your injuries results in a 30% or higher impairment of the whole person as provided for by such guide, then your injuries will be regarded as serious.
If however your injury does not qualify as at least 30% whole person impairment, we can still justify it as being serious based on what is referred to as a “Narrative Test”. This would involve sending you for various medical assessments to prove that your injury is serious and long term and falls within 1 of the following categories:
results in serious long-term impairment or loss of a bodily function;
permanent serious disfigurement;
severe long term mental or severe long term behavioural disturbance or disorder;
resulted in loss of a foetus;