Abstract
The Road Accident Amendment Act came into effect in 2008. This Act limits the Road Accident Fund’s liability for compensation in respect of claims where serious injuries have been sustained. In the event of the Road Accident Fund rejecting a serious injury claim the appeal process is prescribed by the regulations to the Act. The disputed case has to be referred to an Appeal Tribunal under the auspices of the Health Professions Council of South Africa. The Tribunal faces many challengesdespite the fact that the use of the AMA Guides is intended to yield objective and consistent findings.
Highlights
The Road Accident Fund (RAF) was established in terms of the Road Accident Fund Act 56 of 1996
In cases claimed as serious, by virtue of either 30 per cent or greater whole person impairment (WPI) or the narrative test, but that have been rejected by the RAF, the claimant may appeal to a Health Professions Council of South Africa (HPCSA) Appeal Tribunal for determination of the seriousness of the injuries.[4]
This article investigates the rejection of serious injury claims by the RAF and the appeal process prescribed by the regulations in cases of disputed rejections
Summary
The Road Accident Amendment Act came into effect in 2008. This Act limits the Road Accident Fund’s liability for compensation in respect of claims where serious injuries have been sustained. In the event of the Road Accident Fund rejecting a serious injury claim the appeal process is prescribed by the regulations to the Act. The disputed case has to be referred to an Appeal Tribunal under the auspices of the Health Professions Council of South Africa. The Tribunal faces many challenges despite the fact that the use of the AMA Guides is intended to yield objective and consistent findings
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
