Hit and run accidents
A “hit and run” road accident is when you have been involved in a road accident due to the negligence of a driver who had driven away and could not be identified. An example is where a pedestrian has been hit and the driver of the vehicle flees the scene without giving you or the police their names and details.
“Hit and Run” claims are also called “unidentified driver” claims, that is, where the identity of the guilty driver or owner of the motor vehicle is unknown unidentified.
How long do you have to claim?
Hit and Run claim documents must be lodged with the Road Accident Fund (RAF) within 2 years from the date of the accident. To avoid a claim lapsing after submission of the claim documents, the RAF has to be sued within 5 years from the date of the accident.
Unlike other accidents, in cases where a driver or owner of the vehicle is not identified, there is a strict 2-year rule. Even if a child is still a minor or a person has brain damage, the claim has to be submitted within 2 years and legal action is taken within 5 years.
When can you submit a ‘hit and run” claim?
A person can claim if:
- The accident occurred in South Africa;
- There was a motor vehicle involved;
- The accident was the result of the negligent driving of an unidentified person or vehicle;
- Less than 2 years have passed since the accident;
- The accident caused bodily injuries to the victim.
Who can claim?
Motor vehicle drivers, passengers, pedestrians, and motorcyclists can all claim from the RAF.
The parents of minor children who were injured can claim on their behalf. Dependants of a deceased breadwinner can also claim. The family of a brain-injured person can assist him or her and have a curator to help with life, business, and legal decisions where that person cannot do so.
The most important requirement is that the accident must be due to someone else’s bad driving.
More details can be found by clicking here.
How to start a claim
One of the first steps in claiming from the RAF is to contact an attorney for advice and to get all the necessary documents ready.
You should have detail about the date, time, and place of the accident as well as how the accident happened ready to get the right advice.
A claim is started by submitting claim forms together with various documents to the RAF. You can do this on your own or with the help of an attorney. Because a claim can still lapse, it is better to have an attorney assist you to ensure that a claim is properly submitted.
What documents and information do you need to lodge a claim?
The documents required to launch a claim with the RAF are;
- The RAF’s claim forms;
- Police report with the case number of the accident,
- Personal details of those involved in the accident,
- The victim’s statement of how the accident occurred;
- Witness statements;
- Medical documents and invoices for expenses supporting the claim of injuries,
- Reports and completed forms by Medical practitioners to confirm the injuries.
For more information regarding the Road Accident Fund, click here.