By Phenyo Selinda
The Road Accident Fund (RAF) has expressed approval of a recent judgement by the Limpopo High Court that significantly reduced an over-exaggerated claim from R11 million to R800,000. The original claim was submitted by a mother on behalf of her daughter, who was struck by a car while walking to a shop in 2015. The court found that some of the documentary evidence presented was inaccurate and contradictory.
Questionable Legal Practices
The RAF pointed out that the claimant’s lawyers had guided the mother to consult numerous specialists, despite the child’s injuries being minor. “This is a common problem for the RAF. Most legal practitioners attempt to extract as much cash as possible from the State entity, an unethical and sometimes criminal practice that affects the RAF and is grossly unfair to other claimants,” stated RAF Chief Executive Officer Collins Letsoalo on Monday.
The incident involved a four-year-old girl who was taken to a clinic by the driver of the car, treated, and discharged on the same day. Despite the minor nature of her injuries, the mother’s legal representatives compiled extensive reports from various specialists to support a claim for R11 million, alleging the child’s loss of future earnings.
Judicial Findings
Judge E Mashamba, however, found discrepancies in the medical reports submitted by the claimant’s lawyers. The court concluded that the child’s injuries were unlikely to negatively affect her school performance or future earning potential. The only credible information came from a clinical psychologist, who noted the child had post-traumatic stress disorder and psychosocial problems, which the court deemed would have only a slight effect on her future income.
“The court decided that the child’s injuries were unlikely to adversely impact her school performance or future loss of earnings. The only information the court found credible was that of the clinical psychologist, who stated the child has post-traumatic disorder and psychosocial problems,” the judgement read.
RAF’s Stance on Unethical Conduct
The RAF stressed that while it does not assign criminal blame to the law firm representing the mother, it condemned the creation of unrealistic expectations for the claimant. “The disparity between the R11 million and R800,000 is proof enough that there was probably unethical conduct involved,” the RAF commented.
The court’s decision, according to the RAF, validates its stance against exaggerated claims and the misuse of the public entity. “From 2021 to 2023, the Fund stopped R2.6 billion’s worth of claims from being paid. This is a result of the commendable work done by the organisation’s forensic investigation department, in partnership with various law enforcement agencies,” the RAF highlighted.
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