not operate continuously or finally are only applicable for as long as the particular exclusionary circumstances are present. - Consequently, a claim which is submitted in substitution of a claim excluded by the provisions of S19© and (d) can no longer be excluded if the substituting claim is instituted by a qualified attorney or the illegal agreement is cancelled, provided, that such claim has in the meantime not become prescribed. Refusal or failure of a third-party to undergo medical examination, furnish medical information or allow inspection of medical records: Unreasonable refusal or failure of a third party to subject himself at the request of the RAF to a medical examination by medical practitioners appointed by the RAF: a. Content of the exclusion:
- A third party who has suffered bodily injury is ito S19 ( e) (i) compelled at the request of the RAF to subject himself to a medical examination by a medical practitioner appointed by the RAF provided that the RAF pay the costs of the examination. - A third party is entitled to refuse to undergo such an examination if such refusal is not unreasonable. b. Object: - The object of this exclusion is to make it possible for the RAF to obtain information regarding the injuries of the 3 rd party claimant. c. Operation: i. Meaning of ‘refuses or fails’: - The exclusion only becomes operative if there was more than mere neglect on the part of the 3 rd party claimant. - There must be a measure of blameworthiness in the neglect or refusal. - Refusal means the refusal must be specifically iro a particular request and such refusal must either be communicated orally or in writing iot constitute a refusal ito this section. ii. Time for request and time restraints: - Neglect or refusal to submit to a medical examination at the request of the RAF can only become operative after the claim has progressed substantially. - There are no time restrictions on the making of the request and also no time within which a 3 rd party is compelled to comply with such request. - Consequently, a request can be made at any stage after the claim has been submitted and such a request must be complied with within a reasonable time. iii. Refusal possible: - A third party is entitled to refuse to undergo such a medical examination provided that such refusal is reasonable or in circumstances where the RAF has not undertaken to pay for the costs of the medical examination. - If it is found that such refusal was reasonable, the RAF cannot escape liability. iv. Legal representation and costs: - A 3 rd party is entitled to have his legal representative present at the examination and is also entitled to the costs of the legal representation iro such an examination. - The costs are part of the third party’s party-and-party legal costs.
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- Fall '19