The Road Accident Fund (RAF) has welcomed a Limpopo High Court judgement in which an over-exaggerated claim was reduced by over 90% after some of the documentary evidence submitted was found to be inaccurate and contradictory.
The original claim, which came to R11 million, was submitted by a mother on behalf of her daughter who was hit by a car while walking to a shop in 2015.
The RAF said based on the judgement it is clear that lawyers who represented the claimant recommended and guided the mother for the child to be sent to many specialists, despite the 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,” RAF Chief Executive Officer Collins Letsoalo said on Monday.
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 various 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 were used by lawyers to support the claim.
However, the judge disagreed. Handing down his judgement, Judge E Mashamba decreased the amount to R800 000 after the court found disparities in the medical specialists’ reports.
“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 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 to 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,” the RAF said.
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.
“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 said.
The RAF is an entity of the Department of Transport.
