Are you wondering how the South African Road Accident Fund works? There are a number of ways in which this system has been designed and implemented to benefit you, whether you are the driver, a passenger or a pedestrian involved in a motor accident.
Important Facts about the Road Accident Fund
- The Road Accident Fund is a public service available to all. The Fund covers anyone who has suffered injury or loss due to a motor accident that occurred on a South African road. If you were a pedestrian who was injured by a driver jumping a red light, for example, you can claim against the Road Accident Fund. The same applies for cyclists and motorcyclists too. You can also claim on behalf of a breadwinning family member if they died from the accident.
- Another important thing to know about the Road Accident Fund is that it has a maximum settlement payout limit (approximately R238 670 adjusted quarterly). This compensation covers past and future medical expenses, loss of income, loss of support and funeral expenses in the case of a death, and general damages for serious injuries. The Road Accident Fund does not cover damages to property or vehicles. The final compensation amount you are eligible to claim for is determined by a number of factors, including the severity of your injuries.
- An apportionment of blame scheme is used to determine compensation. If you were partially responsible for the accident (contributory negligence) you will receive less compensation. This includes instances of not wearing a seatbelt or not observing correct driving protocols.
Knowledge is power!
It is important to know the facts before undertaking a legal process. This includes a knowledge of your rights and responsibilities, the particular details of your individual case, and some of the surrounding law and the details of the process you wish to follow. At Paul du Plessis Attorneys we are committed to helping people make informed decisions when filing a claim against the South African Road Accident Fund. We can assist and advise to ensure you are well-equipped for any upcoming legal action you are pursuing.