14 May 2019 – By Reinhardt Nel & Taylor Burls (Candidate Attorneys at Gert Nel Incorporated)
In terms of the section 17(1) of the Road Accident Fund Act 56 of 1996, as amended, the Fund or its agents shall be liable for a claim of compensation under this section from any accident arising as a result from a motor vehicle being driven either by an identified or unidentified driver.
Compensation shall be awarded to a third party for any proven loss or damage that the third party sustained as a result of the accident.
According to the Road Accident Fund Act a motor vehicle can be defined as a vehicle designed for propulsion or haulage on a road by means of fuel, gas or electricity.
Thus, a bicycle does not meet the requirements of the definition given in the Act as it is not designed to be propelled by either fuel, gas or electricity.
Therefore, should a cyclist collide with either a pedestrian or another cyclist they will not be able to lodge a claim against the Road Accident Fund.
The Road Accident Fund Act, 1996(Act No. 56 of 1996)