The South African Road Accident Fund, previously known as “Third Party Claims”, is a public insurance cover for injury and death caused by a motor vehicle accident. Anyone who has suffered injury or loss of a family member at the hands of a negligent driver in a road accident can claim with the Road Accident Fund.
How can the Road Accident Fund help me?
The Road Accident Fund will ensure that you receive due compensation for your injuries and losses, regardless of whether the negligent driver responsible for the accident is insured or not. Without insurance, or a high-earning income, the driver may not be able to pay the fees and claims involved, leaving you financially stranded. The Road Accident Fund was set up to avoid instances like this, and ensures you receive compensation regardless of the driver’s financial ability to do so.
You could be covered in areas such as general damages, medical expenses, loss of income and, in the case of a death, loss of support. General damage claims are for those who have suffered serious injury that causes a full body impairment of thirty percent or higher. Medical expenses cover either immediate emergency medical care (i.e. only the medical expenses incurred from the medical treatment of the accident injury itself) or will include future medical expenses as well, such as recovery treatment, follow-up care, etc. Loss of income claims will cover the amount of income lost due to your injured state preventing you from working.
It is, however, restricted to R194 043 per year (revised quarterly), and if your income loss exceeds this amount, the balance is not recoverable through the Road Accident Fund. If you have lost an income-generating member of your household to a road accident, you can further claim for loss of support, where the same restrictions apply.
Who can help me claim with the Road Accident Fund?
Paul du Plessis Attorneys can assist you with all legal issues relating to your road accident, including claiming with the Road Accident Fund. For excellent legal advice, information on personal injuries, and legal support, contact Paul du Plessis Attorneys today.