Road Accident Fund v Abrahams

The respondent was involved in a single motor vehicle accident on 5 February 2011 while driving a vehicle owned by his father’s employer. The accident was caused by a tyre burst, allegedly due to the owner’s failure to maintain the tyres in a safe and roadworthy condition. The respondent, who was not an employee of the vehicle owner but drove with the owner’s consent to make deliveries, sustained severe bodily injuries. He claimed compensation from the Road Accident Fund (RAF) under s 17 of the Road Accident Fund Act 56 of 1996. The RAF raised a special plea denying liability, contending that a driver in a single-vehicle accident who was not an employee could not claim under the Act.

The appeal was dismissed with costs, including the costs of two counsel. The dismissal of the RAF’s special plea by the High Court was confirmed.

The case clarifies that drivers involved in single motor vehicle accidents may qualify as third parties under s 17 of the Road Accident Fund Act, even where negligence is alleged against the vehicle owner rather than the driver. It affirms that s 18(2) does not limit claims only to employees and reinforces the principle that RAF liability mirrors common-law delictual liability. The judgment also provides guidance on the proper application of rule 33(4) regarding separation of issues.