While driving her BMW X5 2020 model, with registration number AD 54 XX GP, along R556 in Johannesburg, Ms Enne Martins was crashed into by a gas tanker truck belonging to EC Fuels (Pty) Ltd. The driver of the truck was in the wrong and EC Fuels (Pty) Ltd accepted liability. The BMW vehicle was damaged beyond repair. Enne lost the following items in the accident as well; spectacles, wristwatch and two laptops. She also suffered very serious bodily injuries as a result of which, she was admitted in a private hospital for 22 days, and thus missed her work. In terms of the doctors' reports that she consulted, she had a broken pelvis that needed operation, a broken rib cage and a fractured left femur. It was diagnosed that because of these injuries, she would never regain her pre-accident gait.

1. Which items may not be claimed from the RAF? State the law that supports your answer. [4]

1. State two general damages and two special damages she may recover from the RAF. [4]

1. As per the facts above, Ms Enne was admitted in an expensive private hospital. What are her chances to claim full medical bills, if a provincial hospital could provide similar services? Use case law to support your answer. [7]

1. Ms Enne had recently accepted a better paying job as a Physical Trainer in a local soccer club. Evidence from the physiotherapist suggests that she may not be gainfully engaged in physically straining activities anymore. Discuss her chances of successfully claiming loss of earning capacity. [10]

Answer rating: 100% (QA)

Items not claimable from the RAF According to the Road Accident Fund RAF Act of South Africa certain items may not be claimed from the RAF including d... View the full answer