A Simple Guide to Road Accident Fund Claims in SA
Being in a vehicle accident is overwhelming, but road accident fund claims attorneys in SA help those who’ve been injured or bereaved in a crash. The Road Accident Fund (RAF) compensates victims of another driver’s negligence, and Simpsons Attorneys in Cape Town explain the steps for RAF claims, as well as eligibility criteria.
Understanding What the RAF Covers: Are You Eligible?
Experienced RAF claims attorneys in SA will assess your eligibility and, if successful, help you access compensation for medical expenses, lost income or earning capacity, and pain and suffering. If the accident results in a fatality, the fund can also assist with funeral expenses and loss of support for dependants of the deceased.
Claims must be based on another party’s negligence, as you cannot claim if you were solely responsible for the accident.
Gathering Essential Information
Before lodging a claim, collect important information, including:
- Accident report number from the police
- Medical and hospital records, where applicable
- Witness statements
- Victim’s employment records
- Identity documents of those involved
- Proof of relationship for dependent support claims
Simpsons’ specialist RAF claims attorneys will guide you through collecting the documents needed, which form the foundation of your claim and ensure the RAF can assess your case effectively.
Lodging a Claim
While you can lodge a claim directly with the RAF yourself, it’s strongly recommended that you brief specialist RAF fund claims attorneys in SA. Professional legal representation guides you through the complexities of medical assessments, loss calculations, and claims negotiations.
A statutory claim form (RAF 1) must be completed and submitted along with all supporting documentation. This should be lodged within three years of the accident if the wrongdoer’s identity is known, or within two years if the driver is unknown, as in hit-and-run cases.
Medical Assessment and Serious Injury Determination
A key part of the RAF process is assessing whether your injury qualifies as ‘serious’. This determination is made using the American Medical Association Guides, as applied by a registered medical practitioner. Only serious injuries qualify for general damages.
Processing and Negotiation
Once your claim has been lodged, the RAF investigates and makes an offer of settlement. This can include lump-sum payments for past and future losses of income, as well as medical expenses already incurred.
Understanding RAF Undertakings
Instead of paying all future medical costs upfront, the RAF may issue an undertaking contract. This guarantees it will refund the victim for reasonable accident-related medical expenses upon submission of proof of the costs. The arrangement gives claimants long-term security for ongoing treatment, rehabilitation, or assistive devices resulting from a road accident.
Settlement and Payout
Once both parties have agreed to a claim, it is settled. Payments are made either directly to you or, if represented, via your attorney’s trust account. It is important to ensure that the settlement addresses your current and future needs.
Get the Best Outcome with Minimal Stress
As a victim of a road accident, understanding your rights and entrusting your claim to specialist RAF fund claims attorneys in SA can help you recover with less stress.
Simpsons Attorneys specialise in RAF claims. Our experienced team handles all aspects of the process, from claim preparation and submission to negotiation and litigation, if necessary. Get hold of us today for professional assistance.
Disclaimer: This article is intended for information purposes only. It does not constitute legal advice and cannot be used to make any decisions. For advice on the topics of personal injury and Road Accident Fund claims, contact Simpsons Attorneys. The information is relevant as of the date of publishing.
