Limpopo High Court Slashes R11M Claim After Exposing Inaccurate Evidence

According to the RAF, the claim was initially supported by multiple specialist reports that exaggerated the severity of the child's injuries.

The Road Accident Fund (RAF) has praised a recent Limpopo High Court ruling that dramatically reduced an inflated claim by over 90%, highlighting issues of inaccurate and contradictory evidence. The original claim, totaling R11 million, was filed by a mother on behalf of her daughter, who was struck by a car in 2015.

According to the RAF, the claim was initially supported by multiple specialist reports that exaggerated the severity of the child's injuries. The RAF's Chief Executive Officer, Collins Letsoalo, criticized the lawyers involved, suggesting they misled the claimant into pursuing a much larger sum than was justified. "This unethical and sometimes criminal practice is a common issue for the RAF and unfair to other claimants," Letsoalo remarked.

The accident occurred when the child was just four years old. After being treated and discharged from a clinic the same day by the car's driver, the child’s legal representatives argued that various specialists had documented significant and ongoing impacts from the accident. These reports were used to justify the R11 million claim for alleged future loss of earnings.

However, Judge E Mashamba's ruling found significant discrepancies in the specialists' reports and deemed them unreliable. The judge reduced the claim amount to R800,000, based on the finding that the child's injuries would have only a minor impact on her future earnings. The court accepted the clinical psychologist’s assessment of post-traumatic stress disorder and psychosocial issues but determined these would have only slight future implications.

The RAF acknowledged the court's decision as a validation of its stance against inflated claims driven by unethical legal practices. The Fund highlighted that from 2021 to 2023, it had blocked R2.6 billion in fraudulent or exaggerated claims, thanks to the efforts of its forensic investigation department and law enforcement partners.

The RAF stressed that while it does not accuse the law firm of criminal wrongdoing, the stark contrast between the original R11 million claim and the final R800,000 award suggests possible misconduct. The Fund emphasized that such cases reflect broader issues of public entity exploitation and advocate for continued vigilance and accountability in the claims process.

The RAF operates under the Department of Transport and is tasked with managing claims related to road accidents in South Africa.