I was injured in a car accident due to a pothole. Can I claim from the RAF?
The Road Accident Fund is a form of social and public insurance. It was set up to provide compensation for those seriously injured or killed in vehicle accidents on South African roads due to negligent driving of a motor vehicle. If you are seriously injured in a road accident, you can claim for loss of income, medical expenses and general damages, such as pain and suffering, from the Road Accident Fund.
The Fund is specifically for pedestrians, passengers and drivers injured or killed due to the negligence of another driver. This means that you cannot claim from the Road Accident Fund for damages to your car, only for damages that are directly linked to bodily injury.
Do I have a claim?
The Road Accident Fund is not the correct agency to claim from, but who is? Many of the roads in South Africa have potholes and it is quite likely that your car will be damaged at some time or another.
If your car has been damaged or you have been injured, you need to identify who is responsible for that piece of road where the accident occurred. There are several things that need to be verified before a claim can be processed. One of those would be where the incident occurred – whether it is on a national road or municipal road.
In South Africa, National Roads are managed by the South African National Roads Agency (SANRAL). These roads are marked with an “N”, for example the N1 that runs from Cape Town to the Zimbabwe border at Beit Bridge.
For pothole damage on municipal roads, the department of public works must receive any claims. This might unfortunately take more time and is also dependent on the efficiency of that municipal office. Once you have properly identified who is responsible for the road, you can then proceed with a claim. It would be necessary to show that the road condition was not up to standard and that this condition was dangerous to road users, and in fact did result in injury or damage.
A SANRAL, municipality or Public Works claim will be processed in the same way as an insurance claim and you will need to prove that the damage occurred on that road as a result of the road condition.
What if you are injured in the accident?
- If you are seriously injured in a vehicle accident as a result of a pothole, it is essential to appoint an attorney who can assist with the correct procedure.
- You should take photographs of the accident scene as well as the pothole, condition of the road and vehicle.
- You should also get details and statements of any eye witnesses.
- Ensure that the accident is reported to the nearest Police station with a statement of what occurred.
- You should keep a record of all injuries, losses, damage and expenses.
Appointing an attorney
There are certain legal requirements and processes that have to be followed and it is in your own interest to appoint someone with experience in such claims. Your attorney will be able to determine the correct department to contact and hold responsible. Paul du Plessis Attorneys specialises in Road Accident Fund and Personal Injury claims and will advise you on the best course of action to take. You can contact us for a free telephonic consultation on 012 809 1588 or send an e-mail to paul@pauldup.co.za.