Stating that the amendment not only radically reduced the benefits that RAF paid to road traffic accident victims, the Law Society of South Africa – LSSA has added that it also deprived them of their right to claim for compensation. “If the application for direct access is granted, the appeal will be heard then and there,” said Jacqui Sohn, chairwoman of the LSSA’s road accident fund committee.
Each month, about 20,000 people become the victim of a road traffic accident. The Road Accident Fund Act of 1996 came into effect in August 2008 having been changed by the Road Accident Fund Amendment Act of 2005.
Before the amendment came into effect, motorists and public carriers were liable for the full compensation of their passengers for the injuries sustained and subsequent damages. It is for this reason that many motorists and public carriers carried readily obtainable and affordable insurance, which provided coverage for such risk.
Now, says Sohn, they have been completely absolved from any financial liability to the victim in terms of the Amendment Act. Ten other applicants have joined the LSSA in its petition to the Constitutional Court.
“Victims of other recklessness such as hospital negligence, train accidents, airplane crashes… can all claim for compensation for personal injuries suffered by them from the person at fault.
“Victims of road accidents can no longer do so, even if the reckless wrongdoer is the wealthy driver of a luxury car or a profitable bus company,” Sohn added.
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