What is an Undertaking?
An Undertaking is a contract between the claimant (injured party) and the Road Accident Fund (RAF), in terms of which the RAF will reimburse the claimant for reasonable hospital, medical and related expenses that the claimant may incur due to injuries sustained in their motor vehicle accident, on submission of acceptable proof.
An Undertaking is given to Claimants who will have future medical and related costs for the injuries they sustained, such related expenses include assistance such a domestic help and care. This usually happens as part of the final settlement however under certain circumstances this document can be obtained as an interim undertaking (i.e. prior to finalisation of the main matter).
The expectation by the RAF, is that Claimants use the funds they are awarded upon finalisation of the main matter to make payment, whereafter they can recover those expenses by sending proof thereof to the RAF.
The RAF have been known to accommodate payments directly to suppliers upon receipt of a quotation, this however is seen to be an indulgence by the RAF and Claimants are thus encouraged to plan accordingly when receiving their pay outs.
Who is eligible for an undertaking?
People who are injured on South African roads in a motor vehicle accident, and who have a legitimate claim against the Road Accident Fund including a claim for future hospital, medical and related expenses, may get an Undertaking as part of the claims settlement terms.
What does the Undertaking cover?
An undertaking will cover reasonable future costs for the treatment of your injuries, from the date of accepting the offer made/order of court, or from the time of a pre-arranged pre-settlement date. This means that excessive, experimental or unproven types of treatment do not qualify for cover. However, you may qualify for a prosthesis if you are an amputee, or a wheelchair if you have difficulty moving around, or even modifications to your motor vehicle if you are unable to drive a normal motor vehicle.
The Undertaking does not cover costs for any other illnesses, diseases or injuries that are unrelated to your initial injury and claim. It also does not cover you for the normal effects of ageing or the effects that other conditions may have on your injuries.
The medical experts who assess Claimants often include recommendations which can be used as a guideline on what types of treatment or accommodations the undertaking will cover.
When in doubt it is always best to seek pre-approval of expenditure. You can also contact your attorney to question the rejection of an expense which you feel should be covered.
How does the Road Accident Fund pay medical and related bills?
In the event that your matter has been finalised by your attorney and after you have submitted the required proof of the expense incurred, the Road Accident Fund (after determining its liability) will pay such costs directly to yourself. Always bear in mind that you remain liable towards the service provider and that, unless otherwise agreed with the RAF, you personally have to pay the relevant amount to your service provider and claim it back.
Interim relief
Claimants will be happy to learn that the RAF does make interim payments available under certain circumstances. Where the merits of your matter are settled, and the RAF is satisfied that you have a valid claim, the RAF provides an interim undertaking prior to settlement. Please talk to your legal consultant at Simpsons Attorneys about interim relief, as we are here to facilitate the application process and assist with any difficulties that you may encounter.
How long does it take the Fund to process claims?
In the normal course it should takes less than 14 workdays after receipt of your claim(s), for the Road Accident Fund to assess its liability in respect of the claims lodged and thereafter arrange for an EFT into your bank account. However, it often takes longer, so be prepared to wait.
You should receive a letter or an email with detail of your claims and any pay outs that were made, as well as any claims that were not approved.
How do I lodge my claims with the Fund?
You should submit any claim as soon as possible along with the original account/invoice for services rendered. The account or invoice must also indicate exactly what service or treatment has been received. It must also clearly show the date of the service or treatment, as well as the name and physical address of the service provider. A proof of payment or receipt will not be accepted. These claims can prescribe if submitted more than 3 years postdate of service.
Make sure that the following is in order:
- Check the contents of each account before submitting. Make sure that you have received the goods/services reflected in the account or invoice and that they relate to the accident. If you are satisfied, sign each account that you are forwarding to the Fund for reimbursement.
- Write your Road Accident Fund Undertakings claim reference number / link number clearly on each claim. This will be made available to you by your representative.
- Write a covering letter giving the Undertaking file reference number, as well as clearly marking your letter for the Undertakings Department.
- Cape Town Claimants can then e-mail your claims, together with any receipts, as well as all other substantiating documentation, to the following email address: cptundertakings@raf.co.za
- Remember to keep proof of this submission in case there is a dispute with regards to payment.
- If it is your first claim your banking details will need to be registered, copy in yoemnad@raf.co.za who will provide you with the Banking Indemnity Form for completion.
- At Simpsons Attorneys we pride ourselves on being there to assist clients in streamlining this process, should you have any queries don’t hesitate to contact us.
Make sure that your documentation is correctly completed and in order, to ensure that there are no unnecessary delays in the processing and pay out of your claim.
Claiming from the RAF might sound like an overwhelming process. However, if you or a loved one are injured and unable to earn an income as a result of an accident that is not your fault, it is important to consider lodging a claim and ensuring you are financially protected in the future. It is your right as a road user. Our team will support and advise you during this lengthy process and do everything in their power to make your experience as stress-free as possible.
Contact us today to book your free consultation with one of our personal injury attorneys. Let’s talk about how we can assist in expediting your claim.
