Rights of road users in terms of RABS
Answers
1. Under the new RABS, accidents will be treated on a no-fault basis.
This means that should you prove that you were involved in an accident you will be able to claim from this fund, even if you were under the influence and caused someones death, you could claim.
A horrifying thought for us fighting these “killings on our roads”.
2. You will also have to lodge and do the claim yourself and have no representation from lawyers.
3. There is no long-term financial security offered and the benefits could be withdrawn or reduced at any time by the administrator.
4. Take note of what the changes to the RABS will mean to road users:
You will have no right to approach a court, should you be unsatisfied with the benefits offered
The RABS will pay medical and healthcare service providers directly. This means that, should you be injured you no longer have a choice in which medical practitioners or care givers you want to use
The RABS will take over all existing and future RAF claims as well as the current RAF staff.
Under the current RAF, in severe cases you may have an attorney champion your cause for you. This right falls away under the RABS.
No more lump sum payment settlements made to those who have experienced severe injuries or damages. The RABS will make monthly payments with a maximum pay out of R44 000, annually.
These payments will not increase in line with inflation. They will also stop the moment you die, leaving your dependents vulnerable.
The RAF takes about 120 days to settle your claims. RABS will take double the time and even then, benefits are not a sure thing.