You can find claims forms on the South African Road Fund website that can be filled out and submitted without a legal representative present, but it is highly recommended that you seek the assistance of a legal professional. An attorney can advise you on which procedures to follow, which losses you are eligible to claim for, and how long you have to submit the claim. They can also offer their legal services and support to ensure your claim is properly covered.
What is the RAF?
The South African Road Accident Fund (RAF) is a form of insurance available to members of the public who have been injured in a motor vehicle accident. If you have suffered serious injuries or lost a family member due to the negligent driving of another, you are eligible to claim against the RAF. The RAF is in place to ensure that you receive due compensation for your losses, regardless of whether the negligent driver responsible for the accident is able to cover the expenses or not.
What does the Road Accident Fund cover?
You can claim against the RAF for personal injury and general damages, immediate medical expenses, future medical expenses and loss of income. If an income-generating member of your household was killed in the road accident, you can claim for loss of support as well. These expenses are paid out by the RAF and not by the driver responsible for the accident.
A claim can be submitted within three years of the date of accident. There are exceptions for this time limit that apply to minors and the mentally handicapped, or if the damages only begin to manifest some time after the accident (for example, a medical complication arising from the injuries sustained in the accident).
If you have been a victim of a drunk or inattentive driver and feel that you are eligible to claim against the Road Accident Fund, but are unsure of where to begin, contact Paul du Plessis Attorneys for assistance.