A A Jones v Road Accident Fund

On 17 February 2012 the appellant, Mr A A Jones, was driving between Orkney and Stilfontein when a chunk of gold ore fell or became dislodged from a truck transporting ore and penetrated his windscreen, striking him on the head and allegedly causing serious brain injury. The driver of the truck could not be identified. The appellant later identified 23 possible vehicles, linked to nine owners, one of which probably conveyed the ore at the time. He lodged a claim with the Road Accident Fund (RAF) on 15 February 2015, more than two years after the accident. The RAF raised a special plea that the claim was an ‘unidentified vehicle’ claim under s 17(1)(b) of the Road Accident Fund Act 56 of 1996 and had prescribed because it was not lodged within two years.

The appeal was dismissed with costs, and the High Court’s finding that the claim had prescribed was confirmed.

This case clarifies the distinction between ‘identified’ and ‘unidentified’ vehicle claims under the Road Accident Fund Act and provides authoritative guidance on the meaning of ‘established’ in s 17(1). It confirms that speculative or alternative identification of multiple vehicles does not satisfy the statutory requirement and reinforces the strict application of the shorter prescription period for unidentified vehicle claims.