THE ROAD ACCIDENT FUND IS AN INSURANCE FUND THAT IS SUPPORTED BY THE STATE. ITS PURPOSE IS TO PROVIDE COMPENSATION TO VICTIMS OF ROAD ACCIDENTS IN SOUTH AFRICA.

The Road Accident Fund provides personal injury compensation to individuals who have been injured in motor vehicle accidents that were not solely their fault. When applicable, the fund also pays out death compensation to those who have lost a loved one in a motor accident.

In a case where one party can be blamed for the accident, that party is also indemnified against claims for bodily injuries by the RAF.

WHAT KINDS OF COMPENSATION DOES THE RAF PROVIDE?

• Funeral Expenses in the case of a death caused by an accident
• Medical Expenses resulting directly from the accident
• General Damages: A fairly broad term, the RAF will compensate for “pain and suffering” – provided that the complainant suffered a serious injury (the severity of the injury is to be determined with reference to a set list of criteria), lost an unborn child in the accident, sustained a disfigurement, suffered a mental impairment, or lost a bodily function.
• Financial Losses:If you were unable to work for a period of time following an accident, you can claim for lost earnings during this period.
• Loss of Support:In cases where a household’s breadwinner is injured/ killed in a vehicle accident, the family can claim for the loss of support previously generated by the deceased. Such a claim is possible in cases where the accident was caused by someone else’s negligence.

CAN I CLAIM FROM THE RAF?

If any of the below statements applies to your case, you may be able to claim from the Road Accident Fund:

• I am a driver/ passenger/ pedestrian/ cyclist/ motorcyclist who has been involved in an accident, and I was not solely responsible for the accident.
• I am the driver who was responsible for an accident – but the vehicle was not my own. The accident was caused due to the vehicle owner’s negligence (the brakes were faulty/ the tires were too slick/ the car was not roadworthy).
• I am the spouse/ dependent of someone who was killed in an accident that was not solely his/ her fault.
• I am a friend/ relative of someone who was killed in a road accident, and I paid for their funeral.

WHO CANNOT CLAIM FROM THE RAF?

If either of the below statements applies to your case, you cannot claim from the RAF:

• I was the only person involved in the accident (no other vehicle/ person was present)
• I am the driver, and owner, of the vehicle that was solely responsible for all damage caused.

FREQUENTLY ASKED QUESTIONS:

 Q: I was involved in an accident a few years ago, can I still claim?

A: You must submit a claim to the Road Accident Fund within three years of a motor vehicle accident, if you know who was responsible.

If you do not know who was responsible for the accident, as is the case with a “hit and run” – you must submit your claim within 2 years.

Q: How do I claim from the Road Accident Fund?

A: A specific procedure must be followed when making a claim from the Road Accident Fund. The process can be complex, daunting and time-consuming, which is why it is highly recommended that you have a well-versed attorney on your side, assisting you throughout the process.

You will need to submit paperwork detailing the accident, as well as the vehicles and parties involved. A comprehensive medical report must be submitted, as well as a police affidavit, witness statements, and any other information that could strengthen your case.

Q: How can I be sure my claim is legitimate?

A: Contact us today for a free consultation. We will be able to guide you towards the best possible course of action, and advise as to whether you have a strong claim. If your claim shows merit, Davidson Attorney’s will assist you in the arduous claims process, drawing from our vast network of medical professionals and advocates to best compile your claim argument. If we don’t win your case – you do not have to pay us any attorney’s fees.

Want to find out what you can claim for from the RAF? Learn more here.