RAF - CHAPTERS 5,6,7_BP Flashcards
5. The RAF after the amendments of 1st august 2008 6. Prescription of claims 7. Hit & Run claims: the regulations
MCQ: What is the cap on annual loss of support/income as adjusted in 2016?
a) R160,000
b) R248,710
c) R300,000
d) R500,000
b) R248,710
True/False: General damages are payable only for “serious injuries” under the RAF Act.
True
What does Section 17(4)(b) of the RAF Act provide for?
Future loss of income or support.
MCQ: What percentage of Whole Person Impairment (WPI) is required for general damages eligibility?
a) 10%
b) 20%
c) 30%
d) 40%
c) 30%
True/False: Emergency medical expenses under the RAF Act are reimbursed at public hospital rates.
True
Name one factor that excludes the liability of the RAF.
Drunken driving by the wrongdoer.
How long does a claimant have to lodge a claim under Section 23 of the RAF Act?
a) 1 year
b) 2 years
c) 3 years
d) 5 years
c) 3 years
True/False: Prescription does not run against minors under Section 23(2).
True
What must a claimant do to interrupt prescription?
Serve a summons within five years of lodging the claim.
In the case of a person under curatorship, when does the prescription period begin to run?
a) Immediately after the accident
b) Once the curator is appointed
c) Upon the curator’s authorization to proceed
d) It never runs
c) Upon the curator’s authorization to proceed
True/False: There is no extension or condonation of prescription for RAF claims.
True
What is required to lodge a hit-and-run claim?
a) Witness statement
b) Police report
c) RAF 1 Form
d) All of the above
d) All of the above
True/False: Prescription for hit-and-run claims runs from the date of the accident.
True
What happens if a hit-and-run claim is identified as involving a known driver later?
It becomes an identified claim.
What form must be submitted to the RAF for serious injury assessment in a hit-and-run claim?
a) RAF 1
b) RAF 4
c) RAF 3
d) RAF 2
b) RAF 4
True/False: A hit-and-run claim can only be lodged if the claimant provides a sworn statement to the RAF.
True
What is required for a claim to qualify for general damages under the RAF Act after the 2008 amendments?
a) The injury must result in a 50% WPI
b) The injury must be classified as a “serious injury”
c) The claimant must file within 10 years
d) The claimant must reside in South Africa
b) The injury must be classified as a “serious injury”
True/False: The RAF Act allows claims by dependants of a deceased person to prescribe three years after the death.
True
Under the RAF Act, how long does a claimant have to serve a summons after lodging a claim?
a) 3 years
b) 2 years
c) 5 years
d) 1 year
c) 5 years
What must a claimant do if they discover the identity of the driver after filing a hit-and-run claim?
The claim must be updated as an identified claim.