This is a question many attorneys in South Africa are asked. You have just recovered from injuries sustained in a car accident. The driver who caused the accident is remorseful and has admitted responsibility, but cannot afford to cover the damage to your vehicle or your medical expenses. Your injuries also prevented you from working during your recovery time, leaving you and your family in a financially troubling situation. You’ve just heard about the Road Accident Fund, but you also have your own vehicle and life insurance policies in place.
Do you need to submit a claim against the Road Accident Fund?
Changes to legislation in 2008 mean that you cannot sue the wrongdoer in the event of a vehicle accident. This means that you can only claim against the Road Accident Fund for injuries and losses. The claim is placed against RAF and not the driver. This makes claiming against RAF a wise choice, as you are able to claim for the bulk of the accident through them. Your insurance company will be able to handle the details pertaining to damage to damage to property, which the RAF does not cover. Additionally, if your medical aid was used to cover the fees needed to treat injuries sustained in the accident, a successful RAF claim can recompense that amount back into your medical aid scheme.
About Road Accident Fund claims
Another frequently asked question is whether an attorney needs to be involved when submitting your RAF claim. Legal representation is not necessary, and any member of the public can submit the claim form on their own. However, it is strongly advised across the board that an attorney be consulted. They will be able to ensure the form is accurately completed within the time limits, as well as explaining the details and repercussions of such a procedure, and generally provide legal support and advice. Contact Paul du Plessis Attorneys in South Africa for legal representation to help your Road Accident Fund case.