A mother who tried to swindle the Road Accident Fund of millions of Rands after her six-year-old daughter was hit by a car has lost more than 90% of the payment. The Limpopo High Court discovered that some of the evidential documents that were submitted by the mother’s lawyers from the accident that happened in 2015 were inaccurate and contradictory.

UNREASONABLE 

The mother, on behalf of her daughter, originally claimed R11 million and submitted documents with evidence from psychologists, surgeons and a therapist, which were used by lawyers to support the claim. RAF explained, "The child was four years old when the accident occurred. She was apparently rushed to a clinic by the driver of the car involved, treated and discharged the same day. In their submissions, the mother’s legal representative argued that various specialists had suggested various ways in which the accident had affected the child, compiling reports that the mother used to claim the R11 million for her child’s loss of earnings."

However, handing down the judgement, Judge E. Mashamba decreased the amount to R800 000 after the court found disparities in the medical specialists’ reports. The court decided that the child’s injuries were unlikely to adversely impact her school performance or future loss of earnings. "The only information the court found credible was that of the clinical psychologist, who stated the child has post traumatic disorder and psychosocial problems. The court found these problems probably only have a slight effect on the child’s future income," said the judge. RAF believes that lawyers who represented the claimant recommended and guided the mother for the child to be sent to many specialists. 

UNETHICAL BEHAVIOUR

RAF chief executive officer, Collins Letsoalo, said this is a common problem for RAF as people try to claim more than what they should be getting. "Most legal practitioners attempt to extract as much cash as possible from the state entity, an unethical and sometimes criminal practice that affects the RAF and is grossly unfair to other claimants," Letsoalo said, adding that while the fund is not apportioning criminal blame to the law firm that represented the woman, they should nevertheless be ashamed of themselves for creating expectations to the mother that she was in for a huge cash windfall. "The disparity between the R11 million and R800 000 is proof enough that there was probably unethical conduct involved. The court decision is a vindication of the Fund’s position that claimants, primarily guided by lawyers, are involved in the grand-scale looting of the public entity. From 2021 to 2023, the Fund stopped R2.6 billion worth of claims from being paid. This is a result of the commendable work done by the organisation’s forensic investigation department in partnership with various law enforcement agencies," said Letsoalo.