The Fund or an agent shall not be obliged to compensate any person in terms of section 17 for any loss or damage—
| (b) |
[Section 19(b) deleted by the Road Accident Fund Amendment Act, 2005 (Act No. 19 of 2005)] |
| (c) |
if the claim concerned has not been instituted and prosecuted by the third party, or on behalf of the third party by— |
| (i) |
any person entitled to practise as an attorney within the Republic; or |
| (ii) |
any person who is in the service, or who is a representative of the state or government or a provincial, territorial or local authority; or |
| (d) |
where the third party has entered into an agreement with any person other than the one referred to in paragraph (c)(i) or (ii) in accordance with which the third party has undertaken to pay such person after settlement of the claim— |
| (i) |
a portion of the compensation in respect of the claim; or |
| (ii) |
any amount in respect of an investigation or of a service rendered in respect of the handling of the claim otherwise than on instruction from the person contemplated in paragraph (c)(i) or (ii); or |
| (e) |
suffered as a result of bodily injury to any person who— |
| (i) |
unreasonably refuses or fails to subject himself or herself, at the request and cost of the Fund or such agent, to any medical examination or examinations by medical practitioners designated by the Fund or agent; |
| (ii) |
refuses or fails to furnish the Fund or such agent, at its or the agent's request and cost, with copies of all medical reports in his or her possession that relate to the relevant claim for compensation; or |
| (iii) |
refuses or fails to allow the Fund or such agent at its or the agent's request to inspect all records relating to himself or herself that are in the possession of any hospital or his or her medical practitioner; or |
| (f) |
if the third party refuses or fails— |
| (i) |
to submit to the Fund or such agent, together with his or her claim form as prescribed or within a reasonable period thereafter and if he or she is in a position to do so, an affidavit in which particulars of the accident that gave rise to the claim concerned are fully set out; or |
| (ii) |
to furnish the Fund or such agent with copies of all statements and documents relating to the accident that gave rise to the claim concerned, within a reasonable period after having come into possession thereof; or |
| (g) |
suffered as a result of an emotional shock sustained by that person when that person witnessed or observed or was informed of the bodily injury or the death of another person as a result of the driving of a motor vehicle. |
Statistics Act, 1999
