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The LSSA will challenge the Constitutional Court about its ruling on the Road Accident Fund Amendment Act and Regulations, it said on Wednesday.
Law Society of South Africa (LSSA) said the amendment not only radically reduced the benefits that RAF paid to victims of road accidents, but deprived them the right to claim compensation.
"If the application for direct access is granted, the appeal will be heard then and there," LSSA's road accident fund committee chairwoman, Jacqui Sohn, said.
There are about 20 000 victims of road accidents every month.
The Road Accident Fund Act of 1996 was changed by the Road Accident Fund Amendment Act of 2005 and came into effect in August 2008.
Before the amendment became law, motorists and public carriers were liable to compensate their passengers in full for the damages suffered by them.
Many motorists and public carriers carried insurance which was readily obtainable and affordable to cover them for this risk.
Now, in terms of the Amendment Act, they have been completely absolved from any financial liability to the victim, Sohn said.
The LSSA is joined in its petition to the Constitutional Court by ten other applicants.
'Victims of other recklessness such as hospital negligence, train accidents, airplane crashes... can all claim compensation for personal injuries suffered by them from the person at fault.
"Victims of road accidents can no longer do so, even if the reckless wrongdoer is the wealthy driver of a luxury car or a profitable bus company," said Sohn.
Law Society of South Africa (LSSA) said the amendment not only radically reduced the benefits that RAF paid to victims of road accidents, but deprived them the right to claim compensation.
"If the application for direct access is granted, the appeal will be heard then and there," LSSA's road accident fund committee chairwoman, Jacqui Sohn, said.
There are about 20 000 victims of road accidents every month.
The Road Accident Fund Act of 1996 was changed by the Road Accident Fund Amendment Act of 2005 and came into effect in August 2008.
Before the amendment became law, motorists and public carriers were liable to compensate their passengers in full for the damages suffered by them.
Many motorists and public carriers carried insurance which was readily obtainable and affordable to cover them for this risk.
Now, in terms of the Amendment Act, they have been completely absolved from any financial liability to the victim, Sohn said.
The LSSA is joined in its petition to the Constitutional Court by ten other applicants.
'Victims of other recklessness such as hospital negligence, train accidents, airplane crashes... can all claim compensation for personal injuries suffered by them from the person at fault.
"Victims of road accidents can no longer do so, even if the reckless wrongdoer is the wealthy driver of a luxury car or a profitable bus company," said Sohn.
