Road Accident Fund Act, 1996 (Act No. 56 of 1996)

25. Right of recourse of Fund or agent
Purchase cart Previous page Return to chapter overview Next page

 

(1)When the Fund or an agent has paid any compensation in terms of section 17 the Fund or agent may, subject to subsections (2) and (3), without having obtained a formal cession of the right of action, recover from the owner of the motor vehicle concerned or from any person whose negligence or other wrongful act caused the loss or damage concerned, so much of the amount paid by way of compensation as the third party concerned could, but for the provisions of section 21, have recovered from the owner or from such person if the Fund or agent had not paid any such compensation.

 

(2)The Fund's or agent's right of recourse against the owner of a motor vehicle under subsection (1) shall only be applicable in any case where the motor vehicle at the time of the accident which gave rise to the payment of the compensation was being driven—
(a)by a person other than the owner and the driver was under the influence of intoxicating liquor or of a drug to such a degree that his or her condition was the sole cause of such accident and the owner allowed the driver to drive the motor vehicle knowing that the driver was under the influence of intoxicating liquor or of a drug; or
(b)by a person other than the owner without the driver holding a licence issued under any law governing the licensing of drivers of motor vehicles which the driver was required to hold, or the driver, being the holder of a learner's or other restricted licence issued under such law, failed, while he or she was so driving the motor vehicle, to comply with the requirements or conditions of such learner's or restricted licence, and the owner allowed the driver to drive the motor vehicle knowing that the driver did not hold such a licence or that the driver failed to comply with the requirements or conditions of a learner's or restricted licence, as the case may be; or
(c)by the owner and he or she was under the influence of intoxicating liquor or of a drug to such a degree that his or her condition was the sole cause of such accident; or
(d)by the owner without holding a licence issued under any law governing the licensing of drivers of motor vehicles, which he or she was required to hold, or the owner, being the holder of a learner's or other restricted licence issued under such law, failed, while he or she was so driving the motor vehicle, to comply with the requirements or conditions of such learner's or restricted licence; or
(e)by the owner and he or she failed to comply with any requirement contemplated in section 22(1) with reference to the said accident, or knowingly furnished the Fund or the agent with false information relating to such accident and the Fund or agent was materially prejudiced by such failure or by the furnishing of such false information, as the case may be.

 

(3)The provisions of subsection (2)(c), (d) and (e) shall apply mutatis mutandis in respect of any right of recourse by the Fund or the agent against any person who, at the time of the accident which gave rise to the payment of the compensation, was driving the motor vehicle concerned with or without the consent of its owner.