Road Accident Fund - Basics

Question 1

What does RAF stand for?

Answer 1

Road Accident Fund

Question 2

In the context of RAF damages, what does WPI stand for?

Answer 2

Whole person impairment

Question 3

What does COIDA stand for?

Answer 3

Compensation of Occupational Injury and Disease? Act?

Question 4

What is the name of the presiding officer at COIDA?

Answer 4

Compensation Commissioner

Question 5

How must you deliver an RAF claim?

Answer 5

By pre-paid registered post or delivered by hand.

Question 6

Where do you lodge an RAF claim?

Answer 6

Any of the branch offices of the RAF.

Question 7

If the RAF objects to a client’s RAF4 form, by when must they let the client know of their objection?

Answer 7

Within 90 days of the date when the RAF4 form was sent by registered post or hand delivered

Question 8

What funeral expenses is a client allowed to claim from the Fund? Explain

Answer 8

The actual costs of burial or interment of the body.

Question 9

When can you issue summons after lodging a RAF claim?

Answer 9

120 days after lodging, unless the RAF repudiates in writing before then

Question 10

For what type of injury can you claim general damages?

Answer 10

Serious injury

Question 11

What are the 2 tests used to measure whether an injury is serious for RAF purposes?

Answer 11

The Whole Person Impairment test or the narrative test

Question 12

What amounts to “serious injury” in the WPI test?

Answer 12

30% or more whole person impairment

Question 13

Can minors lodge a RAF claim in their personal capacity?

Answer 13

No, they lack legal capacity

Question 14

Where does RAF get the money for its fund?

Answer 14

RAF levy and by loans (according to RAF Act)

Question 15

Which courts have jurisdiction for actions arising from RAF claims?

Answer 15

Courts having jurisdiction over the area where the accident, which led to injury or death, occurred

Question 16

Describe what the RAF is liable for.

Answer 16

Compensation for loss or damage from injury of third party or injury or death of another, arising from negligent or otherwise wrongful act, by the driver, the car owner, or employee performing their duties.

Question 17

What is another name for non-pecuniary loss?

Answer 17

General damages

Question 18

What can a third party claim general damages for?

Answer 18

Serious injury

Question 19

Who is the third party in RAF matters?

Answer 19

The person who suffered the loss arising from the negligent driving of a motor vehicle.

Question 20

Who can assess a serious injury in RAF matters?

Answer 20

A medical professional registered under the Health Professions Act.