In terms of section 17(1) of the Road Accident Fund Act No. 56 of 1996, the Fund is obliged to compensate:

any person (the third party)

for any loss or damage which the third party has suffered

as a result of any bodily injury to himself or herself

or the death of or any bodily injury to any other person,

caused by or arising from the driving of a motor vehicle

by any person

at any place within the Republic,

if the injury or death is due to the negligence or other wrongful act of the driver or of the owner of the motor vehicle or of his or her employee in the performance of the employee’s duties as employee:

Provided that the obligation of the Fund to compensate a third party for non-pecuniary loss shall be limited to compensation for a serious injury

STATUTORY LIMIT – 31 OCTOBER 2023

GNR.770 of 21 July 2008: Road Accident Fund Regulations, 2008
(Government Gazette No. 31249)

as amended by

Notice R.347

Government Gazette 36452

Date 15 May 2013

DEPARTMENT OF TRANSPORT

The Minister of Transport has, under section 26 of the Road Accident Fund Act, 1996 (Act No. 56 of 1996), made the Regulations in the Schedule hereto.

3. Assessment of serious injury in terms of section 17 (1A)

(1) (a) A third party who wishes to claim compensation for non-pecuniary loss shall submit himself or herself to an assessment by a medical practitioner in accordance with these Regulations.

(b) The medical practitioner shall assess whether the third party’s injury is serious in accordance with the following method:

(i) Any one, or any combination, of the following injuries, are for purposes of section 17 of the Act, not to be regarded as a serious injury and no injury shall be assessed as serious if the injury meets the following description—
(aa) any whiplash type or soft tissue injury to the neck or back;
(bb) any strain, tear, crush or damage to any muscle or soft tissue;
(cc) any mild sprain, strain, tear or damage to any ligament of any joint unless there is continuing instability of the joint;
(dd) any lacerations, abrasion, cut, tear, or damage to skin or soft tissue, provided there is no resulting permanent serious disfigurement;
(ee) any complete or partial amputation of the little finger of either hand, or both the right and left hand;
(ff) fracture of any finger of either hand, or both the right and left hand;
(gg) any complete or partial amputation of any one toe of either foot or both the right and left foot unless there is partial or complete amputation of the big toe;
(hh) fracture of any toe of either foot, or both the right and left foot;
(ii) any damage to or loss of a tooth or any number of teeth;
(jj) superficial burns to any part of the body;
(kk) superficial injury to one or both eyes;
(ll) fracture of the nasal bone or damage to the nasal cartilage;
(mm) any scar or scars caused by any injury listed in items (aa) to (ll), provided there is no resulting permanent serious disfigurement;
(nn) any bruising or bleeding into the soft tissue as a result of any injury listed in items (aa) to (mm);
(oo) any sequelae in the form of pain or discomfort as a result of any injury listed in items (aa) to (nn); and
(pp) any mild or moderate form of depression, anxiety, chronic headaches or post-traumatic stress disorder:
Provided that, if any complication arises from any one, or any combination of the injuries listed in items (aa) to (pp), the third party shall be entitled to be assessed in terms of subregulations 3 (1) (b) (ii) and 3 (1) (b) (iii).

(ii) If the injury resulted in 30 per cent or more Impairment of the Whole Person as provided in the AMA Guides, the injury shall be assessed as serious.

(iii) An injury which does not result in 30 per cent or more Impairment of the Whole Person may only be assessed as serious if that injury:
(aa) resulted in a serious long-term impairment or loss of a body function;
(bb) constitutes permanent serious disfigurement;
(cc) resulted in severe long-term mental or severe long-term behavioural disturbance or disorder; or
(dd) resulted in loss of a foetus.

(iv) The AMA Guides must be applied by the medical practitioner in accordance with operational guidelines or amendments, if any, published by the Minister from time to time by notice in the Gazette.

(v) Despite anything to the contrary in the AMA Guides, in assessing the degree of impairment, no number stipulated in the AMA Guides is to be rounded up or down, regardless of whether the number represents an initial, an intermediate, a combined or a final value, unless the rounding is expressly required or permitted by the guidelines issued by the Minister.

(vi) The Minister may approve a training course in the application of the AMA Guides by notice in the Gazette and then the assessment must be done by a medical practitioner who has successfully completed such a course.

(3) (a) A third party whose injury has been assessed in terms of these Regulations shall obtain from the medical practitioner concerned a serious injury assessment report.

(b) A claim for compensation for non-pecuniary loss in terms of section 17 of the Act shall be submitted in accordance with the Act and these Regulations, provided that:

(i) the serious injury assessment report may be submitted separately after the submission of the claim at any time before the expiry of the periods for the lodgement of the claim prescribed in the Act and these Regulations; and
(ii) where maximal medical improvement, as provided in the AMA Guides, in respect of the third party’s injury has not yet been reached and where the periods for lodgement of the claim prescribed in terms of the Act and these Regulations will expire before such improvement is reached, the third party shall, notwithstanding anything to the contrary contained in the AMA Guides, submit himself or herself to an assessment and lodge the claim and the serious injury assessment report prior to the expiry of the relevant period.

(c) The Fund or an agent shall only be obliged to compensate a third party for non-pecuniary loss as provided in the Act if a claim is supported by a serious injury assessment report submitted in terms of the Act and these Regulations and the Fund or an agent is satisfied that the injury has been correctly assessed as serious in terms of the method provided in these Regulations.

(d) If the Fund or an agent is not satisfied that the injury has been correctly assessed, the Fund or an agent must:

(i) reject the serious injury assessment report and furnish the third party with reasons for the rejection; or

(ii) direct that the third party submit himself or herself, at the cost of the Fund or an agent, to a further assessment to ascertain whether the injury is serious, in terms of the method set out in these Regulations, by a medical practitioner designated by the Fund or an agent.

(dA) The Fund or an agent must, within 90 days from the date on which the serious injury assessment report was sent by registered post or delivered by hand to the Fund or to the agent who in terms of section 8 must handle the claim, accept or reject the serious injury assessment report or direct that the third party submit himself or herself to a further assessment.
(e) The Fund or an agent must either accept the further assessment or dispute the further assessment in the manner provided in these Regulations.

RAF 1 Form – July 2022

RAF 4

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