ROAD ACCIDENT FUND CLAIMS
A road accident can have consequences that extend far beyond the accident itself. Medical treatment, rehabilitation, time away from work, permanent injuries and the loss of financial support can all place significant pressure on individuals and families.
Understanding Your Position
The Road Accident Fund provides a statutory compensation system for qualifying victims of motor vehicle accidents in South Africa. However, making a claim involves specific legal requirements, documentation and time limits.
Its role includes assisting road accident victims and, in appropriate circumstances, the families or dependants of people who die as a result of road accidents.
A RAF claim is not simply a conventional insurance claim. It is governed by legislation and regulations, and the circumstances of each accident must be considered individually.
What Is the Road Accident Fund?
The Road Accident Fund is a statutory fund established to provide compensation to qualifying people who suffer loss or damage arising from certain motor vehicle accidents.
Its role includes assisting road accident victims and, in appropriate circumstances, the families or dependants of people who die as a result of road accidents.
A RAF claim is not simply a conventional insurance claim. It is governed by legislation and regulations, and the circumstances of each accident must be considered individually.
Who May Have a Claim?
Depending on the circumstances, a person injured in a motor vehicle accident may have a claim against the RAF where the legal requirements are satisfied.
A claim may also arise following the death of a person in a road accident where eligible dependants or other qualifying parties have suffered loss.
Whether a claim exists, what can be claimed and the amount potentially recoverable will depend on factors such as the circumstances of the accident, the injuries suffered, the claimant's financial circumstances and the available evidence.
What can you claim from RAF?
Depending on the circumstances of the claim, compensation may include several different categories of loss.
Medical and Related Expenses
A qualifying claimant may claim for appropriate past and future medical and hospital expenses arising from injuries sustained in the accident. The RAF's own guidance identifies past and future hospital and medical expenses among the categories of compensation that may be claimed.
Medical records, accounts and other supporting documentation can therefore be important when establishing the extent of the treatment required.
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. Each legal matter is unique and readers should obtain professional legal advice appropriate to their individual circumstances.