The Road Accident Fund (RAF) is a government-run insurance scheme operating in terms of the Road Accident Fund Act 56 of 1996 (as amended). It is an organ of State created in order to pay compensation to road accident victims who are injured, or to the dependents of those killed as a result of the negligence of the driver or owner of a motor vehicle at any place within South Africa.
Although you can claim directly from the RAF if you have been involved in a vehicle accident, this is a complicated and technical process which often leaves claimants frustrated and discouraged.
Even though the RAF pays out millions each month, many of the claims submitted to the RAF go unpaid due to contradictory or weak evidence supplied by the claimant, such as insufficient or incorrect documentation. The RAF has also developed a reputation for under-settling direct claims, or delaying to the point where they prescribe (expire).
This is often due to the RAF not conducting the necessary, and extensive, investigation of the injuries sustained and the incident itself to make a fair call on compensation. Appointing an expert personal injury lawyer, specialising in Road Accident Fund Claims is often the difference between receiving little or no compensation or receiving what you truly deserve.
Using a professional attorney to help you through your claim process
A personal injury attorney will:
- help you to determine how much you’re entitled to claim from the RAF, taking into account not only your current losses but also future expenses;
- assist you with the help of medico-legal experts in building the strongest case possible so that you receive the compensation you deserve;
- ensure that your claim is properly calculated and submitted to the RAF in accordance with the Road Accident Fund Act and Regulations;
- work on a no-win, no-fee basis, taking the risk upon themselves; and
- support you emotionally during the process which can be taxing.
Submitting a claim
Each road accident is different, and so is each claim. Without specific guidelines, it can be difficult for someone without the appropriate legal experience to determine exactly what to include.
- To lodge a claim, you need to submit details of the accident, details of those involved, medical reports, witness statements, financial statements, police reports and any other relevant documentation. However, it’s left to the discretion of the claimant to decide what other supporting documentation to submit to substantiate the claim.
- The documents you supply should show the cause of the accident, prove that you were not at fault and substantiate the need for the claimed medical and/or financial support. Due to the prevalence of fraudulent claims, it is the sole responsibility of the claimant to prove the legitimacy of a claim.
- If the RAF isn’t supplied with enough evidence to support a claim, the claim is likely to be dismissed.
- An experienced attorney will be able to guide you through the RAF claims process, from reporting the accident to gathering the necessary documentation, submitting the claim within the prescribed time limits, and negotiating with the RAF on your behalf. The attorney can also handle an appeals process, if necessary.
How the RAF lawyer will assist your claim process
The role of a RAF Lawyer is far-reaching. Firstly, the RAF lawyer will source relevant hospital records, such as the Accident Report and other relevant lodged documents. Once completed with all necessary documentation at hand, the lawyer will lodge the claim on behalf of the claimant, sending the claimant to various medico-legal appointments, and preparing all the necessary court papers, from the issuing of summons right up to the day of trial. The lawyer may work on the file for as long as 3 – 5 years in these cases, unless early settlement of the RAF claim is concluded. A lawyer is able to fully advise you of the status of your claim at any time.
Road Accident Fund required documentation
A RAF Lawyer will be able to assist you with the necessary documentation for lodging a claim. There is a standard list of the documents that will be required:
RAF 1 Form: basic information
All claims must be lodged using the RAF 1 form which asks for basic information, including:
- the claimant’s details
- details of the vehicles and parties involved in the road accident
- a detailed description of the incident
- the compensation amount being claimed for
- a medical report from the claimant’s doctor (obtained by your RAF lawyer, should you appoint one).
RAF 3 Form: accident report
The RAF 3 form is a statutory accident report form. It must be submitted with details of the accident, along with any witness statements.
RAF 4 Form: general damages claim
If general damages are claimed, a RAF 4 form must be submitted. This must confirm that the injury is serious enough for the claimant to be awarded general damages for pain and suffering.
Other supporting documents:
Alongside official documentation required by the RAF, claimants must have other supporting documents that prove and justify their case and claim. These include:
- official relevant medical reports
- road accident reports
- receipts and financial statements, as well as medical bills
If necessary, the RAF may ask for further information.
Simpsons Attorneys
Simpsons Attorneys Inc. was established in 1998 and is a vibrant and dynamic firm of attorneys in Cape Town specialising in personal injury law and family law. We operate on a no-win, no fee basis.
Personal injury claims stem from motor vehicle accidents, medical negligence, as well as product and public liability. Family law includes divorces, maintenance orders, parenting plans, relocation plans, domestic violence and protection orders.
As some of the most talented and specialised attorneys in the Cape Town area, we are proud to consider ourselves #AttorneysWithHeart – we will always take your personal needs into consideration, alongside your legal journey.
Find us at: www.simpsons.co.za
