The Road Accident Fund Claim
The road accident fund (RAF) is a third party liability insurance fund that provides compensation to victims of Road Accident within the boarders of South Africa.
Who can claim from the Road Accident Fund?
The road accident fund covers both South African Citizens and Foreign Nationals who suffered bodily injuries as a result of a motor vehicle accident, these include:
Pedestrians, passengers, drivers, cyclists and motorcyclist who were not entirely responsible for the accident.
You can claim if:
- You sustained injuries in an accident where you were not the sole driver responsible for the accident.
- The executor, heirs of the deceased or a member of the deceased’s immediate family such as a spouse, parent or child and a person who was under a legal duty to pay for and has incurred liability for the funeral expenses.
- You are the driver responsible for the accident but not the owner of the vehicle and the accident was a result of the owner’s negligence.
Who is eligible to file RAF claims for minors?
A minor’s (below the age 18 years) RAF claim can be made by either a parent or legal guardian. In the absence of a parent or legal guardian, an application can be submitted to the High Court to appoint a curator ad litem. A curator ad litem is a legal representative appointed by the court to act on behalf of the minor when no parent or legal guardian is available. Alternatively, the minor has the option to wait until they turn 18 years old to initiate a claim (exception for hit and run claims).
Who can not claim:
- You were the driver and are the owner of the vehicle solely responsible for the accident.
- You were the only person involved in the accident, and nothing else, such as badly maintained roads, contributed to the accident.
- You are the primary cause of the accident or the sole party involved in an accident.
- The collision wasn’t a result of anyone else’s negligence.
- You are claiming for damage to vehicles or personal property.
What type of damages can be claimed:
- A person that suffers BODILY INJURY or DEATH may claim damages for:
- past and future income and earning capacity;
- past and future traveling expenses to get medical treatment;
- medical and hospital costs;
- the cost of employing an assistant and/or a nurse as a result of an injury; and
- general damages, for example, an amount for pain, suffering, inconvenience, disfigurement and loss of amenities of life.
- Examples of damage that can be claimed as a result of death are:
- loss of earnings and support; and
- funeral costs.
DO I HAVE A CLAIM? Contact N Khathide & Associates for more information.
