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

1
Q

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

A

b) R248,710

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2
Q

True/False: General damages are payable only for “serious injuries” under the RAF Act.

A

True

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3
Q

What does Section 17(4)(b) of the RAF Act provide for?

A

Future loss of income or support.

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4
Q

MCQ: What percentage of Whole Person Impairment (WPI) is required for general damages eligibility?
a) 10%
b) 20%
c) 30%
d) 40%

A

c) 30%

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5
Q

True/False: Emergency medical expenses under the RAF Act are reimbursed at public hospital rates.

A

True

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6
Q

Name one factor that excludes the liability of the RAF.

A

Drunken driving by the wrongdoer.

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7
Q

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

A

c) 3 years

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8
Q

True/False: Prescription does not run against minors under Section 23(2).

A

True

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9
Q

What must a claimant do to interrupt prescription?

A

Serve a summons within five years of lodging the claim.

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10
Q

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

A

c) Upon the curator’s authorization to proceed

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11
Q

True/False: There is no extension or condonation of prescription for RAF claims.

A

True

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12
Q

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

A

d) All of the above

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13
Q

True/False: Prescription for hit-and-run claims runs from the date of the accident.

A

True

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14
Q

What happens if a hit-and-run claim is identified as involving a known driver later?

A

It becomes an identified claim.

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15
Q

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

A

b) RAF 4

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16
Q

True/False: A hit-and-run claim can only be lodged if the claimant provides a sworn statement to the RAF.

17
Q

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

A

b) The injury must be classified as a “serious injury”

18
Q

True/False: The RAF Act allows claims by dependants of a deceased person to prescribe three years after the death.

19
Q

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

A

c) 5 years

20
Q

What must a claimant do if they discover the identity of the driver after filing a hit-and-run claim?

A

The claim must be updated as an identified claim.