Blog #claimant

15Feb

Personal Injury Claim - Road Accident Claim (RAF)

Claiming for Personal Injury from the Road Accident Fund

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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The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to the full terms and conditions on the website.  For permission to reproduce an article or publication, please contact us at ruth@rcrispattorneys.co.za.  

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25Aug

STRICT LIABILITY - DOG OWNERS BEWARE - actio de pauperie

Delict - dog bite

In South Africa many homeowners have dogs as their domestic animals and with this comes the responsibility to ensure that they keep their pets under proper supervision and care.  There is a duty of care that the owner must exercise to ensure that the pet/dog does not harm others. 

There have been many incidences relating to dog attacks and bites in South Africa and therefore the duty rests with the dog owner to ensure the safety of individuals who come into contact with their domestic animals.   

It is therefore expected that if your dog is domesticated  it is able to control itself and it should not act contra naturam sui generis and in the event that the dog acts spontaneously and not as a result of an external factor or provocation and attacks or bits a third party then the owner is legally liable.

Liability without fault, is known as 'strict liability', which signifies a form of liability without fault on the part of the wrongdoer and thus actio de pauperie cements the instance of strict liability in South African law which was confirmed in the case of O’Callaghan NO v Chaplin 1927 AD 310,  this with regards to the damage caused by a domestic animal. So know that if your dog harms another person you will be ultimately held legally liable for any injury suffered by claimant.  The duty will now fall on you to compensate the injured third party.

Under strict liability the claimant need not proof any fault, negligence or intention.  

The claimant need only to proof the following:

  • That the animal was owned by the person from whom the victim is seeking compensation;
  • That the behavior of the animal which resulted in the injuries and the claim for compensation, was contrary to the nature of domesticated animals; and
  • That the conduct of the animal caused the damages.

The owner of the domestic animal's defence will be that:

  • The victim/claimant provoked the dog to attack by teasing or taunting it;
  • There was a warning sign upon entry into the owner's home e.g. beware of the dog;
  • A third party was delegated control of the dog;
  • The unlawful presence of the victim/claimant on your property.

Should a claim not succeed against a dog owner and alleged that a third party had delegated control over the dog then the claimant/victim may have a claim in delict against the controller under the actio legis aquiliae this defence was confirmed in the case of Lever v Purdy 1993 (3) SA 17 (AD). 

For such unexpected event dog owners may also take out personal liability insurance to safeguard themselves for any such unforeseen expenses.





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The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages. Please refer to the full terms and conditions on the website.  For permission to reproduce an article or publication, please contact us ruth@rcrispattorneys.co.za. 


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