RAF claims: How long do I have to claim?
The time within which legal action for a claim has to be taken, is referred to as a prescription period. If legal action is not taken within the prescribed time, it is possible for a person’s claim to lapse or fall away. Claims from the Road Accident Fund as a result of motor vehicle accidents, have different time periods and it is important to submit and proceed with claims timeously.
What does prescription mean?
Prescription is when a debt (an obligation or money owing) arising from a cause of action is extinguished after a specified period of time has passed. For examples of time periods applicable for different causes of personal injury claims see our general article on Prescription.
The prescription periods in relation to Road Accident Fund matters differ somewhat to the general three year prescription period applied to most legal cases.
It should be noted that in certain circumstances prescription can be delayed or even interrupted (stopped).
Prescription and the Road Accident Fund
The Road Accident Fund Act regulates prescription in terms of claims against the Road Accident Fund.
When determining whether prescription of a claim against the Road Accident Fund has occurred, there are two possible scenarios of which one should be aware being, firstly, identified claims and secondly, unidentified claims.
A distinction also has to be made between lodgement of a claim and commencement of legal action in the court by way of issuing of a summons. It is a requirement that specific documents have to be submitted to the Road Accident Fund within a certain time first, before legal action in the court can be initiated.
1) Identified Claims
The effect of Section 23(1) of the Act is that where the cause of action arose from an accident where the driver or owner of the vehicle responsible for the accident has been identified, lodgement of a claim with the Road Accident Fund has to take place within a period of three (3) years after the cause of action arose.
Section 23(3) of the Act determines that a claim that has been lodged in terms of section 17(4)(a) of the Act shall not prescribe before the expiry of a period of five (5) years from the date on which the cause of action arose.
In other words it extends the prescription period by two (2) additional years within which Summons has to be issued against the Road Accident Fund if the claim has not become settled after the initial lodgement.
2) Unidentified Claims (Hit and Run Claims):
In matters where neither the identity of the driver nor the owner of the motor vehicle can be established, a claim has to be lodged with the Road Accident Fund within two (2) years of the date upon which the cause of action arose.
After the two year period has lapsed, prescription is extended by a further three (3) years within which Summons has to be issued if the claim has not been settled. (In other words a total of 5 years after the cause of action arose.)
Instances where prescription is delayed or interrupted
The Road Accident Fund Act makes provision for instances where prescription does not necessarily start to run on the date of the cause of action:
- In matters where a minor has a claim against the Road Accident Fund and where the driver or owner of the vehicle has been identified, prescription only starts to run on the day that the minor reaches the age of majority.
The above does not apply to unidentified claims irrespective of the fact that the claimant is a minor. In these circumstances, the claim must be lodged within two years from the date of the accident in order to avoid the claim prescribing.
- Where a person is detained as a patient in terms of any mental health legislation.
- Prescription is delayed where a person is under Curatorship.
These time periods can become confusing and intimidating if you are not familiar with your rights and the different laws. If you are unsure what the time periods applicable to your claim are, we will be glad to assist and advise you.
Even if you think your claim may have fallen away, you can still check with an attorney. Feel free to contact us at Paul du Plessis Attorneys at 012 809 1588 or paul@pauldup.co.za and we’ll help you make sense of your claim.
Written by
Dané du Plooy