The Road Accident Fund serves to compensate people injured in road accidents in South Africa – accidents which are not their fault and which may result in damage to property, severe injury, disability and loss of income. A government-run insurance scheme, it’s designed to provide cover to all road-users in South Africa in the event of an accident where injury or death is caused by negligent driving.
Even if the negligent driver doesn’t carry insurance, injured people may receive compensation for medical expenses and any financial losses incurred, such as not being able to work. In essence, the fund does not only provide financial assistance to injured people, but also to dependents of people killed in accidents caused by negligent driving. The fund is financed by a fuel levy that is included in the petrol and diesel price – so there should be a well-supported fund.
However, to work through the complexities of a claim calls for a good grasp of the processes and documentation. It’s a complicated and technical process – and you’d be advised not to attempt this on your own. Many claimants who apply directly to the Fund often end up receiving little or no recompense at all. A professional Personal Injury attorney, well-versed in these labyrinthine processes, is essential to obtaining fair and timely compensation.
Who can claim:
You can only claim if:
• The accident was not your fault
• You were not the driver who caused the accident
• You were a pedestrian involved in the accident – but who did not cause the accident
• You are a dependent of an injured person who has lost income – or who may have died as a result of the accident and income has been lost in this way
• You were a passenger in a car/taxi/bus/truck, etc, or on a motorbike
• You are a relative who may have had to pay for a funeral
• Your injuries are genuinely severe and not considered minor.
What you will need:
A successful claim against the Road Accident Fund means being able to show that:
• The accident in which you sustained injuries/damage was not your fault
• The injuries you suffered were a direct result of that collision
• You are able to quantify the results of the accident with regard to: pain and suffering; loss of amenities of life; disfigurement; disability and shock; income loss; loss of earning capacity; current and future medical expenses as a result of the accident.
Specific information must therefore include:
• The name of the police station where the accident was reported, the case number, a copy of the police report, a charge sheet and a sketch of the accident scene
• Receipts, accounts and vouchers to prove medical claims and expenses
• A medical assessment report
• A letter from your employer stating the amount you lost as a result of unpaid wages
• A written letter that gives permission for the hospital to hand over your medical records to the RAF
• A sworn statement and statements from any witnesses to the accident.
A Case Study
There is no clearer example of the importance of having professional guidance to hand, than the case of our client who struggled for years to obtain compensation from the RAF on his own. He had sustained severe head injuries as a result of a motor vehicle accident in 2009. Not having the financial capacity to hire an attorney to fight for him, he began the arduous process of laying claim to compensation from the RAF through their Self-Help Department.
In doing so, he faced the following scenario: the conflict of interest created when the institution which has to pay compensation also has the power to determine the settlement figure; filling in copious forms without assistance and having to get forms completed by a medical practitioner; complete lack of communication on the progress of the case.
Finally, in 2013, our client decided to contact us for help. Appalled by the injuries that our client had been forced to live with, we took on the case on a contingency agreement which means a ‘no win, no fee’ arrangement. Apportionment was settled at 70/30 – meaning that our client was 30% to blame for the accident. Ordinarily this would mean the RAF would only pay 70% of his medical expenses – but we at Simpsons, knowing he could not afford the other 30% and would need full 100% in the meantime to cover the urgency of the surgery required, fought for the full 100% payment with provisions for later quantification, evaluation and settlement. The RAF agreed to this and our client was finally able to have the operation that was his due and which would substantially improve his life.
Professional support:
It is important to remember that an attorney specialising in personal injury will have the knowledge and experience to advise you whether the amount offered by the RAF to settle your claim is fair and reasonable in the circumstances of your particular case.
From the above case, you will see that many difficulties may beset you as you try to process your claim through the RAF on your own. Without our intervention in this case, our client may never have received any compensation at all – or something far below what was required to receive the surgery he so desperately needed. There is no doubt that justice and fair compensation are far better obtained through a professional approach which is efficient, cost-effective – and far more likely to succeed.
For over 20 years, Simpsons personal injury attorneys have specialised in motor vehicle claims, and we have a reputation not just for excellence, but for ensuring our clients receive the right compensation. We know the complexities of the Road Accident Fund, and have handled thousands of cases successfully. In fact, we are so sure of our expertise in this field that we operate on a ‘no win, no fee’ basis for many of our clients.
Please find out more at: www.simpsons.co.za
