Scott v Road Accident Fund (13/33469)
Scott v Road Accident Fund (13/33469) [2015] ZAGPJHC 120 (11 June 2015)
The court held that the Road Accident Fund Act does not require the submission of an affidavit under section 19(f)(i) as a prerequisite for lodging a claim. The claim is validly lodged when the prescribed claim form is delivered, and the five-year prescription period applies. The failure to submit an affidavit or to provide full particulars only operates to terminate an existing claim if the Fund can prove a deliberate refusal or failure by the claimant. In this case, Ms Scott suffered amnesia and was unable to provide details of the accident, which was not a deliberate failure. Therefore, he…
Source excerpt
- Road Accident Fund Act
- Prescription Of Claims
- Affidavit Requirement
- Special Plea
- Amnesia And Evidence