The Quadriplegic Association of South Africa has objected strongly to the cap on general damages of R100,000 in the Road Accident Fund Amendment Bill for those seriously injured in accidents on the road.
Its national director, Ari Seirlis, has told the National Assembly transport portfolio committee that this was “completely unacceptable,” particularly in view of the fact that current compensation ranges from R700,000 to over one million rand. About 250 people a year became seriously disabled as a result of road accidents in South Africa.
Committee chairperson Jeremy Cronin told him that the committee wanted to “make good law” and would listen closely to submissions on the Bill.
Seirlis told Members of Parliament that the impact of a permanent spinal cord injury causing paraplegia or quadriplegia “is too severe to compensate with a mere R100,000 maximum. This disability is life changing and the consequences are life threatening in many ways physically, emotionally and psychologically.”
He said families were broken up, in most cases careers changed and ended, journeys ended, the physical ability to perform menial daily personal tasks ended and mobility taken away, all as a result of paraplegic and quadriplegia.
Seirlis said that reduced general payments would not reduce costs to the State as the burden would shift to other departments such as health and social development.
Serious injury in terms of the Bill means a permanent injury which leads to total disablement, paralysis or dysfunction of a vital organ and includes brain injuries, loss of sight, loss of limb or the use thereof, or such other serious injuries as the Minister of Transport may prescribe.
The association also opposed the relevant section which would allow payment of tariffs from the fund to medical service providers looking after accident victims. Seirlis said victims wanted to have control over this process.
“Many nursing homes, and homes accommodating paraplegics and quadriplegics will not accept a resident whose rental and costs will be paid directly by the Road Accident Fund. Confidence in the fund’s ability to pay and pay timeously is not good.”
In terms of the Bill the transport minister will, after consultation with the minister of health, determine such tariffs.
Seirlis also said the medical service provider concept was not adequately defined. “The process does not allow for sector stakeholders who are not medical service providers to be involved.”
The association also objected to the fact that compensation for loss of earnings would be capped at R160,000 a year.
Ronald Bobroff of the Law Society of South Africa suggested that the Road
Accident Fund which has actuarial liabilities of nearly R25 billion should be administered by the private sector whose efficiency was driven by the desire for profit.
I Net Bridge
13/04/2005
Copyright I Net Bridge (Pty) Ltd, 2005
