Personal Injury Claim - Road Accident Claim (RAF)

In South Africa thousands of accidents occur annually and many a time you don't see yourself as being affected or a part of these events, but alas one day whilst driving and minding your own business the all so negligent driver rears you off the road. 

What should you do? 

• Take the details of the driver and ascertain whether he/she is the owner of the vehicle or not.
• Take photographs at the scene of accident, do not move the vehicles until the police arrive and gives the go ahead.
• Call the Police or an ambulance immediately.
• Obtain statements from witnesses if possible.
• Draw a sketch plan of the scene of accident
• The police will take your statements make sure you know which police station to attend to obtain a copy of the accident report.
• Get a medical report and accounts for treatment given to you.
• Keep all bills received from the medical facility.
• In instances where there is a fatality you will have to obtain the inquest report and all other relevant documentation from the police to proceed.

Now you are ready for the claim do not panic. 

What are your rights when this all so common event happens to you? 

You have the right to claim by yourself or make use of a lawyer.  You may want to attempt to claim yourself and rightfully so, however we advise to do so only if the level of injuries is not serious, however do use a lawyer if the level of injuries is serious and will demand the use of expert witnesses and specialist doctors to assess the level of injury for your claim.  A lawyer will in this instance assist you and negotiate the best settlement amount for you. In the case of Dependents locus standi may be challenged by the Defendant if the child/ren do not use the surname of the deceased in the case of a claim for loss of support.   The horror stories of lawyers running away with claimants RAF monies has made people skeptical about using lawyers, but you cannot paint all lawyers with the same brush.

What can you claim for?

• Past and future hospital and medical expenses
• Past and Future Loss of Support for a dependent of a deceased victim
• Past and Future Loss of Support of Income
• Funeral Expenses (if applicable)
• General Damages (pain, suffering and disfigurement in the case of bodily injury).

 Who is eligible to apply for RAF 

• An injured person (except the injured person who is 100% at fault)
• A dependent of a deceased person (except the injured person who is 100% at fault)
• A close relative of the deceased in respect of funeral expenses
• A parent or legal guardian of a minor child/ren.
• A foster parent in respect of past medical expenses incurred by him/her
• An executor of the deceased’s estate
• A curator ad litem

How do you claim?

You will claim by using the prescribed form provided by the Road Accident Fund 

How long do you have to lodge a claim – Prescription? 

If the driver is identified, a claim must be lodged within three (3) years from the date on which the claim arose.  The 3 years is not applicable to minors below 18 years or a person who is detained in a mental health institution or a person under curatorship. 

In the case of an unidentified driver (Hit and Run), if the identity of the owner or driver is not known the claim must be lodged within two (2) years from the date on which the claim arose irrespective of the age of the claimant or whether the claimant is detained in a mental health institution or is under curatorship. 

Do not attempt to defraud the RAF it may lead to imprisonment.

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