On the 1st of November 2013 the Road Accident Fund issued a directive which bring finality to the question of when the serious injury assement (RAF form 4 ) needs to be submitted by.
The directive reads as follows:
In the matter of Van Zyl versus Road Accident Fund 2012 SA (GSJ), the South Gauteng High Court dismissed the Funds’s Special Plea of Prescription on 11 June 2013 and held that once a claim which complies with the provisions of Section 24 of the Act has been lodged within the time period stipulated in Section 23(1) i.e. three years after the date of accident, the RAF4 Form can be submitted at any time before expiry of the five year period from date of accident.
The Fund was granted leave to appeal to the Supreme Court of Appeal but has since reconsidered its position and has decided to abandon the Appeal. Therefore, the Judgment of the court a quo stands and claims that were held in abeyance pending the appeal can now be settled in accordance with the Van Zyl Judgment.
Please note that a valid claim must be lodged within the applicable prescription period and that the Serious Injury Assessment Report (RAF4 Form) may be submitted at any time during the five year prescription period or such extended period following the interruption of prescription by service of summons.