Road Accident Fund Claims: Your Rights and Responsibilities
The Road Accident Fund (RAF) offers “compulsory cover to all users of South African roads”, including citizens and foreigners. It provides liability for all vehicles driven within South Africa’s borders and covers against any injuries or death on South African roads. The RAF is part of the Road Accident Fund Act and is financed by levies on petrol and tax. Road Accident Fund claims can cover only bodily injuries incurred in road accidents rather than compensating damaged property. As such, the fund’s responsibility only lies in compensating for human damage, rather than any damage to vehicles. Drivers, cyclists, pedestrians, passengers, and dependents of a breadwinner who has died as a result of the accident have the right to claim from the fund.
Navigating the Road Accident Fund can be rather intricate if you’re uncertain about the complexities of personal injury law. That’s why personal injury attorneys can be an excellent asset when dealing with injuries from a road accident on South African roads. They’ll study your unique case, gather the right evidence, and help you access the appropriate compensation you deserve.
How to Make Road Accident Fund Claims in the Event of an Accident
If you experience an accident on South African roads, your attorney will assist you in gathering all the necessary evidence to claim from the fund. These steps are useful when working with your personal injury lawyer to lay a claim.
- Gather all evidence: After the accident, it’s important to assemble all your evidence and paperwork. Partnering with a personal injury attorney is beneficial as they will ensure that you have all the information you need to make a claim. Detail the time and date of the accident and gather information on all parties involved (including licence plates, ID information, and contact details.) If possible, get information and contact details from any eyewitnesses and, if you have a dashcam, include relevant footage of the accident.
- Seek medical advice: You must visit a medical practitioner after the accident so that they can assess your medical condition, offer you the right treatment or medication, and write a full report. Include all hospital records and reports in your claim submission via your attorney.
- Gather evidence of lost income: If the injury has hindered your ability to work, it’s imperative to add proof from your employer, past paychecks, and any information about disability grants if they are applicable.
- Meet with your personal injury attorney: Your personal injury attorney will assist you in gathering your evidence and will help you with your Road Accident Fund claim and submission, ensuring that you have detailed all the correct information to get the best outcome for your case.
Road Accident Fund claims must be lodged within three years if the details of the wrongdoer are known. However, in the case of a hit and run, the matter must be lodged within two years. These periods do not run against minors or persons who are mentally incapacitated. As such, it is advisable to begin the process of claiming from the fund as soon as possible.
Reach Out to the Experts at Simpsons Attorneys Inc
For more information on personal injury law and the process of claiming from the RAF, chat with our expert attorneys. We will happily answer any questions and advise you on the steps ahead when it comes to Road Accident Fund claims.
