Gert Nel Incorporated, recently addressed a letter to the management of the Road Accident Fund (RAF) to request that they respect the attorney and client relationship between our firm and our clients, to stop their unsolicited messaging of represented claimants.
The formal relationship between an attorney and his client starts the day a power of attorney is signed, signifying that the practitioner has taken the responsibility to represent the client, thus arising a contract between the practitioner and client.
It is expected from the lawyer to act in the best interest of his client and is generally responsible for deciding on the means to achieve the claimant’s objectives.
At the same time, the lawyer has a duty to consult with the client about the decisions and to give adequate information about the risks involved and reasonable available alternative strategies and decisions.
Technically, the RAF represents the person who caused harm to the claimant and as such it is very inappropriate for the RAF to engage any road crash victim without their consent or the involvement of their legal representative.
In an adversarial relationship such as the one between a claimant and the RAF the inherent risk in contacting unsuspecting claimants in clear violation of their right to privacy, privilege and well-being, is not only obvious but it grossly undermines the attorney and client relationship in represented matters.
The RAF is by its very nature a “public insurance scheme” and as such will always attempt to find ways to limit its exposure to compensation – soliciting information by means of their “contact centre”, being one such ploy.
For the RAF to justify contacting road crash victims under the guise of a so called “constitutional duty” is highly improper and misguided as their statutory duty extends to the proper administrating of claims and payment of compensation, in accordance with the RAF Act.
Ironically, unlawful reforms being implemented by the RAF are excluding the very people they seemingly wish to assist. Currently the RAF fails to achieve any of their statutory and constitutional obligations as they simply do not administrate claims subject to the RAF Act nor do they pay road crash victims in accordance with settlement agreements and / or court orders – recently confirmed again in the matter of the RAF v LPC & Others, High Court of SA, Case Number 134420/2023.
Gert Nel Incorporated will always seek to achieve excellence in law and ensure the protection our client’s interest at all costs. The purpose of our letter was aimed at reminding the Executive of the RAF of their legal obligation towards all road crash victims and their purpose in the claim process – we will be persistent in our endeavor to ensure proper claims administration subject to the rule of law until such time that justice is served and the rights of all road crash victims are restored.
We thank you.
Gert Nel Incorporated