Raf draft12/18/2023 ![]() ![]() The proposed amendments also bans compensation for any person who is not a South African citizen or direct permanent resident.Unlike the current dispensation, all future medical claims will have to be pre-authorised by the RAF or they will not be paid. This will drastically increase premiums with dire consequences for all medical aid members. There will be no reimbursement of expenses covered by medical aid/insurance. Other exclusions from compensation include, for example, cases where there may be a product liability claim, persons injured whilst filming a movie or advertisement and passengers who may be covered by the operator’s passenger liability insurance – despite the fact that that cover may be very limited.Importantly, the RAF will be able to recover expenditure from persons who have drunk alcohol even if they did not cause the accident that they were involved in. It is also probable that this section will be interpreted to mean that passengers of persons who have drunk alcohol will also be excluded. The proposed changes also specifically exclude from compensation any driver, pedestrian or cyclist over the legally prescribed alcohol limit, regardless of who was at fault, as well as their dependents should they be killed.Presently anyone, regardless of nationality, who is injured by a motor vehicle in South Africa is covered.Under the present system, so-called “hit and run” incidents are compensated. Claimants will not be covered if hit by an unidentified vehicle.Pedestrians crossing a highway are also specifically excluded.Injuries suffered in motor vehicle accidents in parking areas, sports fields, farm roads, driveways, private estates, game reserves or any other private road will not be covered. Under the new system the accident must have taken place on a public road. ![]()
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