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South Africa decisions
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Berend v Road Accident Fund (942/2022) [2025] ZANCHC 45 (30 May 2025)
The court held that GEMS-paid medical expenses remained recoverable from the Road Accident Fund, treating the medical aid payment as a collateral benefit.
Malgas v Road Accident Fund (126/2020) [2022] ZAECQBHC 50 (1 December 2022)
The court held that payment of the plaintiff's past hospital and medical expenses by her medical aid does not relieve the Road Accident Fund of its obligation to compensate her. The medical aid's payment is a collateral benefit akin to insurance, for which the plaintiff paid premiums and is contractually obliged to reimburse the scheme upon recovery from the Fund. The RAF Act does not expressly or by implication exclude such benefits from compensation. The plaintiff does not receive double compensation, as the medical aid acquires a right of subrogation to recover its outlay from the plaintif…
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