The Road Accident Fund (RAF) has applauded a Limpopo High Court decision that reduced an exaggerated claim by more than 90% after discovering some of the submitted documentary evidence to be false and contradictory.
In 2015, a mother filed an initial R11-million claim on behalf of her daughter who was struck by a car as she was walking to a store.
According to the RAF, even though the child’s injuries were minor, it is evident from the verdict that the claimant’s attorneys advised and directed the mother to take the child to multiple specialists.
Unethical and criminal practice
“This is a common problem for the RAF,” said the fund’s CEO, Collins Letsoalo, on Monday.
“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.”
The child was four years old when the accident occurred. She was apparently rushed to a clinic by the driver of the car involved, treated, and discharged the same day.
In their submission, the mother’s legal representative argued that specialists had suggested various ways in which the accident had affected the child, compiling reports that the mother used to claim R11-million for her child’s loss of earnings.
Documentary evidence from psychologists, surgeons, and a therapist was used by lawyers to support the claim.
However, the judge disagreed.
Discrepancies in reports
Judge E. Mashamba reduced the amount to R800 000 when delivering the verdict because the court discovered discrepancies in the reports from the medical specialists.
“The court decided that the child’s injuries were unlikely to adversely impact her school performance or future loss of earnings,” said the RAF.
“The only information the court found credible was that of the clinical psychologist, who stated that the child has post-traumatic disorder and psychosocial problems.
“The court found these problems probably only have a slight effect on the child’s future income.
“While the fund is not apportioning criminal blame to the law firm that represented the woman, they should nevertheless be ashamed of themselves for creating expectations for the mother that she was in for a huge cash windfall.
“The disparity between the R11-million and R800 000 is proof enough that there was probably unethical conduct involved.”
Grand-scale looting
The fund said the court’s decision is a vindication of its position that claimants, primarily guided by lawyers, are involved in the grand-scale looting of the public entity.
Said the RAF: “From 2021 to 2023, the fund stopped R2.6-billion 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 is an entity of the Department of Transport. – SAnews.gov.za
