If you settled your claim against the Road Accident Fund, you need to read the directive on settlement in the Pretoria High Court.

For when does this directive apply?

7 October 2019

Is it compulsory?

Yes

Can I make my settlement without complying with the directive on consent orders?

No

What must you do to comply with the directive on settlements?

To begin with, have the reasons why you settled the dispute like you did ready.  It often happens that the case settles before the trial.  Then, the court did not have the benefit of hearing the evidence on the merits of the case.  Accordingly, you will have to convince the judge that the settlement is fair and reasonable, taking into account the prevailing circumstances. The Road Accident Fund gets its money for a levy on fuel.  Therefore, it’s funds are, in fact, public funds.  The court must make sure that money is not wasted or mismanaged.  The court may require you to file an affidavit setting out the facts of the matter.

Then, you and the other side must together prepare submissions in support of your settlement.  Both parties must sign this document.

Finally, you must hand in your submission at the office of the registrar five business days before the court date.

What reasons for settlement does the court consider?

There is no fixed set of reasons that the court will look at, but it may be necessary to raise the following aspects:

  1. Who caused the accident?
  2. If more that one party caused the accident, the value of their contribution to the accident as a percentage
  3. Why should the Road Accident Fund pay for it?
  4. Did the accident cause the injuries?
  5. Are the medical expenses, either incurred or anticipated, reasonable and necessary?
  6. Will you be able to function the same as before the accident?
  7. The total amount of your medical expenses
  8. How much money will you lose because of the accident, and how do you calculate that?

 

For a detailed breakdown of the entire process, read the directive on settlement or consent draft orders relating to personal injury matters here.