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Civil Procedure [2024] ZAWCHC 115

Fookwe v Road Accident Fund (23481/2016)

Fookwe v Road Accident Fund (23481/2016) [2024] ZAWCHC 115 (29 April 2024)

The court found that the RAF's reliance on section 19(d)(i) of the Road Accident Fund Act and regulations 7 and 8 of the Medical Schemes Act to exclude liability for medical expenses paid by Discovery Health is unfounded, as established by a long line of authority confirming the doctrine of subrogation. The RAF's internal directives regarding ICD codes cannot be applied retrospectively, especially where the plaintiff was not notified of any rejection or given an opportunity to comply. The court allowed the majority of the disputed medical expenses, partially allowed the cost of imported anaes…

  • Road Accident Fund Act
  • Medical Expenses Recovery
  • Subrogation
  • Internal Directives
  • Retrospective Application
  • Costs Award
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