The basics of a Road Accident Fund Claim
In South Africa, all road users are covered by the Road Accident Fund. It’s a form of public insurance that covers the expenses of anyone injured by a negligent driver. Part of the fund comes from a tax on fuel prices, and anyone affected by negligent driving of a motor vehicle can make a claim. However, it’s challenging to make a claim on your own and you may need legal advice on time limits, forms to be filled and put forward correctly as well as procedures and rules that have to be followed.
At Paul du Plessis Attorneys we assist clients who have suffered life-changing injuries or lost a loved one due to another individual’s negligent driving. Whether a motor vehicle driver, motorcycle passenger, pedestrian or cyclist, we are the experts in road accident fund claims and give you the professional legal service you need.
For more information on the Who, What and When of claiming visit our website at https://pauldup.co.za/road-accident-fund/
In what circumstances can you claim from the Road Accident Fund?
Anyone who has suffered bodily injury or related financial loss caused by a negligent driver can claim from the Road Accident Fund. It must have occurred on a South African road, whether it was a dirt road or a major highway.
A claim must be made within three years of the date of the accident. However, the claim must be made within two years if the driver responsible for the accident is unknown.
You can claim for:
- Medical expenses and related expenses to treat and assist with any injuries resulting from the accident;
- Loss of income due to accident-related injuries preventing you from working;
- Basic funeral expenses if the accident caused a death; and
- Loss of support if the main income provider of a household was killed in the accident.
Dependants may claim should the breadwinner of the family be injured or dies. We will assist you in claims for medical and related expenses, loss of income from the inability to work, pain and suffering in the case of serious injuries such as an amputation.
Necessary documents for RAF claims
As part of your claim procedure, prescribed claim documents have to be submitted to the RAF. These papers will be lodged with the court to facilitate your compensation. To make a claim, these are some of the information your attorney will submit: Date and time of the accident, relevant accident details, an accident report, witness statements, police reports, medical records and reports and affidavits as well as proof of the loss that has been suffered. These can include medical reports, invoices, salary slips and invoices or quotes for expenses.
How long does an RAF claim take?
The RAF has 120 days from the date of submission of the documents to assess a claim and provide a response. If this is not done, a claimant’s attorney can officially start with a legal process by issuing a summons and suing the RAF for compensation on the claimant’s behalf. The RAF will have an opportunity to oppose a claim and appoint their own attorneys and experts to defend a claim.
Depending on the evidence that needs to be provided, the cooperation of the RAF’s legal team, provision of evidence such as expert accident reconstruction reports and medical reports as well as whether there are any backlogs at the court itself, a claim could realistically take anything from 1 ½ – 5 years to be finalised. More complex matters usually take longer and an average of 3-4 years in those cases is the norm.
In circumstances such as a pandemic, litigation may take an exceptionally long time if the RAF’s offices or the courts are operating with limited staff.
How to claim from the Road Accident Fund
It is important to start the claims process as soon as you are able to by submitting a claim. The RAF has useful information and documents on their website, however an attorney would be able to ensure that your claim is valid and the necessary rules and procedures adhered to.
If you need legal assistance with a Road Accident Fund claim, contact Paul du Plessis Attorneys today at 012 809 1588 or e-mail paul@pauldup.co.za for a no-obligation cost-free telephonic or virtual consultation.