Gunther v Road Accident Fund (24228/16)
Gunther v Road Accident Fund (24228/16) [2024] ZAWCHC 153 (6 June 2024)
The court found that the plaintiff's claim for past medical, hospital and related expenses is not based on subrogation but on section 17 of the Road Accident Fund Act. The defendant's reliance on subrogation and exclusion of liability under section 19(d)(i) of the RAF Act and the Medical Schemes Act was rejected as unmeritorious and contrary to established legal principles. Benefits received from a medical aid are collateral and do not absolve the defendant from its statutory obligation to compensate the plaintiff. The plaintiff proved her entitlement to compensation for past medical expenses…
Source excerpt
- Road Accident Fund Act
- Subrogation
- Medical Aid Reimbursement
- Quantum Of Damages
- Collateral Benefits