Which items may not be claimed from the raf? state the law that supports your answer.


Question: Which items may not be claimed from the raf? state the law that supports your answer.

The following items may not be claimed from the RAF:

  • Items that are not the property of the claimant. The RAF is only liable for damage to or loss of property that belongs to the claimant.
  • Items that have been lost or damaged due to the claimant's own negligence. The RAF is not liable for damage to or loss of property that is caused by the claimant's own carelessness or recklessness.
  • Items that are not covered by the RAF's definition of "property." The RAF's definition of "property" is very broad, but it does not include certain items such as cash, jewelry, and artwork.
  • Items that are excluded from the RAF's cover by law. There are a few specific items that are excluded from the RAF's cover by law, such as motor vehicles and aircraft.

The law that supports this answer is the Road Accident Fund Act, No. 56 of 1996. Section 17 of the Act sets out the following requirements for a claim to be successful:

  • The claim must be for damage to or loss of property.
  • The property must belong to the claimant.
  • The damage to or loss of the property must have been caused by a motor vehicle accident.
  • The claimant must not have been negligent.
  • The property must be the type of property that is covered by the RAF's definition of "property."

If you are unsure whether or not an item can be claimed from the RAF, you should contact the RAF directly for advice.

Here are some specific examples of items that may not be claimed from the RAF:

  • A laptop that was stolen from a car that was parked in a public parking lot.
  • A diamond ring that was lost while the claimant was swimming in the ocean.
  • A painting that was damaged by a fire that was caused by a faulty electrical outlet in the claimant's home.
  • A motor vehicle that was involved in a hit-and-run accident.
  • An aircraft that crashed due to pilot error.

If you are involved in a car accident and you lose or damage property, you should contact the RAF to file a claim. The RAF will assess your claim and determine whether or not it is successful. If your claim is successful, the RAF will compensate you for the value of the lost or damaged property.

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