The widow of an Australian celebrity killed in a motor vehicle collision on the Sun City Pilansberg Road in 2009, is set to receive a substantial sum of damages from the Road Accident Fund (RAF).

The deceased Robert Dickson was a famous Australian BFL/AFL football star, a film director and the winner of the reality show Australian Survivor prior to his passing in the motor vehicle collision.

“The Road Accident Fund has accepted liability to compensate the widow for 100% of her proven or agreed damages suffered as a result of the loss of support she has sustained due to the passing of her late husband in the collision,” says Jean-Paul Rudd – Senior Associate – from the Commercial and Property practice of law firm Adams & Adams who is representing the widow.

The amount of damages she suffered and is owed to her will be determined at the quantum hearing at a later stage.

“The issue is however complicated by the widow’s remarriage a few years later,” says Rudd. The usual approach over the years has been that a widow’s loss of support is terminated on her remarriage to another spouse. “The approach was however changed in the Supreme Court of Appeal decision of Ongevallekommissaris vs Santam,” says Rudd.

It was ruled that if a widow or widower remarries, then the compensation payable must have regard to the earnings, age, etc. of the new spouse.   This means that the dependency calculation is not terminated at the date of remarriage as has been the usual approach over the years. This will also include the effect of sharing that income with children that the new husband or wife has brought into the marriage.

“Thus if the widow had been married to a successful surgeon or attorney and remarries for instance a game warden or teacher, the deduction for remarriage will have regard to the very much lower earnings of the new husband and the lower level of support that will now be provided,” says Rudd.

“It would appear that the deceased could potentially have earned more than the widow’s new husband,” says Rudd. This is further supported by tax returns of the deceased and the new husband in the attorney’s possession.

The widow’s legal team has already in the interim secured the services of various renowned experts including inter alia an industrial psychologist and actuary to quantify her damages, which the Road Accident Fund will ultimately be responsible for.

The widow’s attorney, counsel and industrial psychologist will shortly conduct a fact finding mission to Australia to consult with a number of witnesses to ensure that the widow receives fair compensation from the Road Accident Fund.

For more information, contact Jean Paul Rudd, Adams & Adams