By Evashan Pillay & Kieran Pather
The Road Accident Fund (RAF) Act has been the cornerstone of compensating victims of motor vehicle accidents in South Africa since its introduction in 1996.
However, significant amendments in 2008 reshaped the way claims, especially for general damages, are assessed.
These changes were designed to bring greater fairness, transparency, and sustainability to the claims process while ensuring that compensation reaches those who genuinely need it.
One of the most notable changes was the introduction of stricter criteria for claiming general damages. Before 2008, claimants could pursue compensation based on the severity of their injuries without a clearly defined threshold.
However, the amendments introduced a 30% Whole Person Impairment (WPI) threshold. This means that only individuals who have suffered serious and permanent impairments can now qualify for compensation for pain and suffering.
While this change aimed to reduce fraudulent and excessive claims, it also made the process more challenging for those with less severe injuries to succeed.
To ensure greater consistency and objectivity, the amendments also formalized the use of WPI ratings. Medical professionals now follow detailed guidelines when assessing injuries, reducing the variability that previously existed in determining the severity of impairments.
This shift has made the system more transparent and equitable, but it has also introduced additional administrative hurdles, requiring thorough medical evaluations and detailed reports.
Complementing the WPI rating is the narrative test, another significant development from the 2008 amendments. This test requires medical experts to provide not only a numerical rating but also a comprehensive account of the nature and impact of the injuries on the claimant’s life.
The narrative test allows for a deeper understanding of how the injuries affect daily functioning, offering a more holistic approach to assessing claims.
Let’s use Mrs X as an example. She is a teacher who was injured in a car accident. Her physical injuries included a fractured wrist and mild concussion, which unfortunately did not meet the strict 30% WPI threshold. However, the effects from her injuries left her having difficulty to write, teach and focus on her daily obligations and tasks.
Through the narrative test, we demonstrated how her injuries impacted her ability to function in her occupation and her overall quality of life. This detailed account led to her claim for general damages being approved, proving that numbers alone can’t always capture the full extent of someone’s suffering.
While these changes have made the claims process more structured and reduced instances of people trying to get around the system, they have also created challenges for those navigating the system, particularly for individuals unfamiliar with the legal and medical requirements.
This is where expert assistance – both from a legal and medical point of view – becomes invaluable.
At Pather & Pather Attorneys Inc., we specialize in assisting individuals with RAF claims, ensuring that they receive the compensation they deserve.
If you or someone you know has been injured in a motor vehicle accident, our experienced team is here to guide you through the process. Don’t let the complexities of the system stand in the way of justice—contact us today to learn how we can help.
The above is intended for informational and educational purposes only. Please consult with a legal professional for further advice.
