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ARTICLE · 02 MAY 2025

RAF Litigation: The Prolonged Delay On General Damages – What's Causing It, And How Do We Fix It?

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The current assessment process for general damages in the Road Accident Fund (RAF) is facing significant challenges due to delayed and inconsistent claims assessments.

South AfricaLitigation, Mediation & Arbitration
Mpumelelo Ndlela
Mpumelelo Ndlela
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Overview:

The current assessment process for general damages in the Road Accident Fund (RAF) is facing significant challenges due to delayed and inconsistent claims assessments. These challenges have led to many cases being postponed indefinitely, often due to the RAF's failure to participate in trial proceedings, delayed decisions on the seriousness of injuries, and the occasional rejection of claims involving serious injuries.

By adopting a more stringent and timely approach to general damages assessments, claims would be finalised efficiently, which may result in fewer cases requiring litigation. The prolonged delays contribute to unnecessary litigation, which further burdens an already overwhelmed legal system. With delays sometimes stretching for years, the need for reform is now more urgent than ever.

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