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South Africa decisions
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Bezuidenhout v Road Accident Fund (1284/2012) [2024] ZAFSHC 224 (1 August 2024)
The court held the Road Accident Fund liable for past medical expenses already paid by the plaintiff’s medical aid, applying res inter alios acta and granting costs.
Bester obo C & E.N v Road Accident Fund (3200/2019) [2024] ZAECMKHC 67 (30 May 2024)
The court exercised its discretion under Rule 38(2) to allow evidence of past hospital and medical expenses to be adduced by affidavit, as the defendant did not oppose this method and the evidence was undisputed. The court found that payment of medical expenses by a medical aid scheme does not absolve the defendant of liability to the plaintiff. The principle of res inter alios acta applies, meaning the defendant cannot benefit from payments made by third parties such as medical aids. The plaintiff is entitled to recover the expenses from the defendant and is obliged to reimburse the medical…
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Els v Road Accident Fund (1554/2021) [2023] ZAECMKHC 58 (9 May 2023)
The court held that the plaintiff is entitled to reimbursement for past medical expenses, including those paid by her medical aid. The defendant's argument that the plaintiff did not suffer pecuniary loss for expenses covered by her medical aid was rejected, as the medical aid's payments do not relieve the defendant of its obligation to compensate the plaintiff. The principle of subrogation applies, and by paying the sum to the plaintiff, the defendant discharges its liability to the medical aid. The court followed the reasoning in Morne van Heerden v Road Accident Fund and found no prejudice…
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Van Heerden v Road Accident Fund (845/2021) [2022] ZAECQBHC 37 (4 October 2022)
The High Court held that medical-scheme payment of the plaintiff’s past medical expenses did not relieve the Road Accident Fund of liability.
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