Understanding the RAF Administrative and Legal Context to ensure Effective Mediation

Course feedback

  • "

    Excellent foundational course presented by exceptional experts in the RAF field as well as great teachers.

    "

    Liesel Bligaut-Kok
    |
    LBK Consulting
    |
    Sep 2021
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  1. Introduction
  2. What is the RAF, how is it funded and when it is liable?
    1. Definition of motor vehicle
    2. Liability of the Act considering negligence, wrongful act, presumptions regarding the driving of a motor vehicle
    3. Jurisdiction and locus standi
    4. Prescription
    5. The special plea
    6. Apportionments of blame and risk discounts
  3. Quantum
    1. Heads of damages claimable from the RAF
    2. Past hospital and medical expenses
    3. Future medical and related expenses and Section 17(4)
    4. Curatorship and incapacity to act
    5. Protection of funds
    6. Loss of support claims and funeral expenses
    7. The interim payment
    8. Past loss of income
    9. Exploration of damages and the generating of options in the mediation process
  4. Contingencies
    1. Future loss of income/earning capacity
    2. Contingency factors applicable to loss of earnings and/or earning capacity
    3. The mathematics involved in the application of pre- and post-morbid contingency deductions
    4. Entitlement to general damages, Regulation 3 and the HPCSA appeal tribunal process
    5. Exploring the parties’ application of contingencies during the generating of options and negotiation phases of a mediation
    6. RAF Forms 1 - 5 and relevant reports
    7. Injuries on duty and the impact of COIDA on damages payable by the RAF
    8. Causation, proof of injuries and comorbidities
    9. Exclusions
    10. Preparation for the mediation and perusal of expert and collateral evidence
    11. Reality checking on risk and costs
    12. Capital, costs and the pertinent elements of a sound settlement agreement;
  5. Closure

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