I think that most attorneys know about the dangers of the Road Accident Fund doing claims themselves. Not a week goes by when we do not receive some or other complaint about somebody who was represented by the Road Accident Fund and whose claim was either under-settled or was told that they had not issued a summons in time. Another common complaint is that as a result of the advertising by the Road Accident Fund complainants approach the Road Accident Fund only to be told they don’t have a claim unless they are above 30% on the AMA Guidelines. In some of those instances the people do not have claims but in many in fact they do.
An article on IOL News recently caught my interest and you can read the article here: http://www.iol.co.za/news/crime-courts/man-finally-gets-r1-5m-from-road-fund-1.1638299#.UvPCjPmSx8E
The matter involves a man who approached the Road Accident Fund directly and had his case settled for R38 000,00. He eventually heard of other settlements from other people and approached a firm of attorneys which led to them suing the Road Accident Fund. The Road Accident Fund tried to defend the matter on the basis that a summons had not been issued in the case – which of course is ludicrous, because when they are representing the client against themselves the onus is obviously on them to issue a summons on behalf of the client against themselves to stop prescription. If that sounds ridiculous, then it is, because the whole thought of the Road Accident Fund doing cases other than, let’s say the smallest cases for refunds of past medical expenses and undertakings, is ludicrous. In any event, he is quoted in the article saying that he genuinely believed that the Road Accident Fund would have his best interests at heart, as this was part of his mandate and ultimately the attorneys who took over the case, and this is not a case my firm was involved with in any way, succeeded in getting him R1,5 million.