Under the old Road Accident Fund Act, if the other party was at fault, you could claim against the Fund for your full (i.e. actual) losses. The controversial amendment to the Act – in force since 2008 and recently declared by the High Court to be constitutional and valid – has changed all that.

The Court’s decision is being appealed, but in the interim you and your family must live with the following:

• Claims for loss of income or support are limited to R 178 642 p.a. (R14.886 p.m.),
• Your claims for pain and suffering, disfigurement etc, have been greatly restricted,
• Your hospital and medical expenses are limited to provincial hospital rates,
• If you have shortfalls after claiming as above, you are stuck with them – there is no claim against the other driver or vehicle owner.

If R14.900 isn’t enough to cover your family’s monthly living expenses, you need to urgently think about how you and/or your dependents will be able to make up the shortfall. Consider personal accident, disability or income replacement insurance for the balance. And if you want medical care at private level, check that your medical aid will cover it!