FAQ: Road Accident Fund claims and vehicle damages
Michael asks “I was involved in a Motor Vehicle Accident where another driver caused the accident. My car was hit on the side and will cost R60 000.00 to repair. Luckily I was not injured. My sunglasses and laptop were also damaged in the accident. Can I claim from the Road Accident Fund for damages to my vehicle?”
This is a question that many people ask. The quick answer is unfortunately not. The Road Accident Fund pays for personal injuries, in other words damages that are a result of injuries to your “person” or body.
What is the Road Accident Fund?
The RAF is a fund that assists with compensating victims of a motor vehicle accident for certain damages suffered within the Republic of South Africa. The RAF is governed by the Road Accident Fund Act (“Act”), as read with the Road Accident Fund (Transitional Provisions) Act.
A percentage of the petrol and diesel a consumer purchases, referred to as the Road Accident Fund Levy, is used to finance the RAF to assist accident victims.
For more information on Road Accident Fund Claims visit our blog.
What can be claimed from the RAF?
- A person has a right to claim compensation for damages from the RAF if he or she is a victim of an accident caused by the wrongful driving of another person (usually referred to as the negligent driver).
- The RAF compensates a victim of an accident for bodily injury, and in the event of death, it compensates the dependants of that victim for their loss.
What type of damages can be claimed?
- A person that suffers bodily injury or death may claim damages for:
- Past and future income and earning capacity;
- Past and future traveling expenses to get medical treatment;
- Treatment, medical and hospital costs;
- Accommodation, alterations or adaptations to the house or to assist with daily activities of living;
- The cost of employing an assistant and/or a nurse as a result of an injury; and
- In the case of a serious injury: General damages, for example, an amount for pain, suffering, inconvenience, disfigurement and loss of amenities of life. A claim for general damages is limited to compensation for a serious injury only, which is defined as 30% bodily impairment, serious long-term impairment, permanent disfigurement or long term mental disorder.
- Examples of damage that can be claimed as a result of death are:
- Loss of earnings and financial support; and
- Funeral costs.
How can attorneys help me claim for any injury?
It is important to start the claims process as soon as you are able to by submitting a claim. There are certain time periods that are applicable and if those are not met in time, a possible claim may fall away. The RAF has useful information and documents on their website, however an attorney would be able to ensure that your claim is valid and the necessary rules and procedures adhered to in court.
If you need assistance with your claim or more information on Road Accident Fund procedure, feel free to contact us on 012 809 1588, send an email to paul@pauldup.co.za or visit our website for more resources.