Road Accident Fund Claims Explained: How Simpsons Attorneys Can Assist You in Seeking Compensation
In South Africa, the Road Accident Fund is a government entity established to provide compensation to victims of road accidents. It functions as a state-supported insurance fund. Road Accident Fund claims are designed to provide compensation for victims of road accidents, as governed by the Road Accident Fund Act 56 of 1996 as amended by the Road Accident Fund Amendment Act 19 of 2005. The objective of the Act is to pay compensation for damages suffered due to injury or death caused by the negligent driving of a motor vehicle, in accordance with applicable legislation.
The Road Accident Fund Claims Process
To be eligible for Road Accident Fund claims, you must have been injured or suffered losses due to a motor vehicle accident on a South African road which was not solely your fault.
It’s important to report the accident to the police as soon as possible, as the police report is an important component in proving a claim against the Road Accident Fund.
Claims to the Road Accident Fund must be lodged within a specified time frame from the date of the accident. The claim form, along with supporting documentation such as the statutory medical report, an affidavit, copy of your identity document, and proof of any medical/funeral expenses must be submitted. It is also prudent to include as much additional information as possible such as the accident report, proof of income, witness statements, and photographs.
What You Can Claim
If you’ve been injured due to a road accident and the accident wasn’t solely your fault, you may claim the following:
- You can claim for your past and future medical expenses arising or which will arise from the injury.
- You can claim for loss of income and/or earning capacity due to your injury.
- You can claim general damages for pain, suffering, and loss of amenities of life where you sustain a serious injury.
Road Accident Fund claims apply to all road users, including motor vehicle drivers and passengers, motorcycle drivers and passengers, cyclists, and pedestrians. The amount of compensation awarded will depend on the severity of the injuries and the impact they have had on the victim’s life.
Road Accident Fund Claims When a Family Member or Family Breadwinner is Killed
In the case of a close family member or a family breadwinner being killed in a road accident, family members can claim for:
- Compensation for loss of support where a duty to support can be shown
- Compensation for funeral costs, with certain provisos
Disputing an Unsatisfactory Outcome by The Road Accident Fund
Where the Road Accident Fund denies a claim (repudiation) or offers an inadequate amount of compensation, the victim has the right to dispute the decision.
Prudent claimants usually enlist the services of Road Accident Fund specialists to assist them with their claims or challenges. The process can be complex, and it’s important for victims to understand their rights and seek appropriate legal advice to ensure they receive fair compensation for their injuries and losses.
Brief an Expert
At Simpsons Attorneys Inc., we are experts in handling Road Accident Fund claims and assisting individuals in seeking compensation for injuries sustained in road accidents. We have a team of experienced attorneys specialising in personal injury law and Road Accident Fund claims. We understand the intricacies of the legal process and can navigate it effectively on behalf of our clients. Our team will assist with claim evaluation, documentation, evidence gathering, and negotiation with the Road Accident Fund.
We will work tirelessly to ensure that the compensation you receive is fair and will assist with litigation if necessary. Based in Cape Town, we at Simpsons Attorneys Inc. will help you understand your rights, guide you through the legal process, and ensure that you receive the fairest possible settlement. For experts in Road Accident Fund claims, contact us today.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice and cannot be used to make any decisions. For advice on Road Accident Fund claims, contact us at Simpsons Attorneys Inc. The information is relevant as of the date of publishing.
