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South Africa decisions
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Ackerman v Road Accident Fund (34965/2021) [2025] ZAGPPHC 472 (6 May 2025)
The High Court refused to include R69,000 flight costs in past medical expenses because the plaintiff did not prove the claim had been submitted to the Road Accident Fund.
Sibiya v Road Accident Fund (543/2024) [2025] ZAMPMHC 29 (9 April 2025)
The court found that the defendant's plea, though brief, was sufficient to put the issue of past medical expenses in dispute and did not amount to a bare denial. On the substantive issue, the court held that payments made by a medical aid scheme to discharge its contractual obligations to its member are res inter alios acta and do not benefit third parties such as the Road Accident Fund. The court relied on the Supreme Court of Appeal's decision in Bane and Others v D’Ambrosi, which confirmed that medical aid scheme benefits are not deductible from claims for past medical expenses. The court…
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Smith v Road Accident Fund (21523/19) [2025] ZAWCHC 157 (3 April 2025)
The High Court awarded the plaintiff damages for past medical expenses and loss of earnings after a paraplegic road accident, applying apportionment and revised contingencies.
Moss v Road Accident Fund (18326/2019) [2025] ZAWCHC 110 (17 March 2025)
The High Court ordered the Road Accident Fund to pay a cyclist’s full past medical expenses, provide a section 17(4)(a) undertaking, and pay costs.
T.S v Road Accident Fund (RAF 479/2022) [2025] ZANWHC 48 (6 March 2025)
High Court Road Accident Fund damages case awarding R5.9 million for loss of earnings and medical expenses after a severe brain injury in a motor vehicle accident.
A.M obo Z.M v Road Accident Fund (2019/44093) [2025] ZAGPJHC 142 (17 February 2025)
The High Court awarded a minor plaintiff damages for severe accident-related injuries, including future loss of earnings, past medical expenses, costs, and a trust order.
Machi v Road Accident Fund (2020-12687) [2025] ZAGPJHC 78 (3 February 2025)
The High Court awarded the plaintiff R800,000 in general damages for serious accident injuries but dismissed her claim for past medical expenses.
Mathe v Road Accident Fund (2752/2018) [2024] ZAMPMHC 68 (19 December 2024)
The court held that the Road Accident Fund is liable to compensate the plaintiff for past medical expenses incurred as a result of injuries sustained in the motor vehicle accident, even though those expenses were paid by the plaintiff's medical aid scheme. The Fund's obligation under section 17 of the Road Accident Fund Act is to pay proven damages, and the payment by a medical aid does not extinguish the plaintiff's claim against the Fund. The directive issued by the Fund to reject such claims was found to be unlawful in previous case law, and the Fund remains primarily liable. The plaintiff…
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Litsoane v Road Accident Fund (2721/2022) [2024] ZAFSHC 328 (16 October 2024)
The Free State High Court awarded damages for past medical expenses and loss of earnings, applying contingency deductions to the plaintiff’s police career prospects.
Visser v Road Accident Fund (990/2022) [2024] ZANCHC 83 (30 August 2024)
The court found that the Road Accident Fund is liable to compensate the plaintiff for her past medical and hospital expenses, including those paid by her medical aid (POLMED) and out-of-pocket payments. The defendant's application for postponement or removal of the matter was refused, as the Supreme Court of Appeal had already dismissed the RAF's application for leave to appeal in the related Van Tonder matter, and an application for reconsideration does not automatically suspend proceedings. The evidence presented by the plaintiff and her husband was uncontroverted, and the defendant failed…
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