If you have been unfortunate enough to have suffered injury of some kind through a road accident that was not your fault, you may think that your troubles will be taken care of through the Road Accident Fund. This fund was specifically set up to compensate people injured in road accidents for which they are not to blame, and which resulted in damage to property, severe physical injury, disability, medical expenses and loss of income.
The RAF, which is basically a government-run insurance scheme, is 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. 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.
Sounds good, doesn’t it? It may sound even better when the RAF tells you to save money by skipping any intermediary intervention and to contact them directly for a fast and efficient service. But sometimes when things sound too good, it’s a warning sign. Before you think of dispensing with experienced legal help and taking on the process on your own – an onerous route fraught with potholes for the unwary – you need to consider the sober facts before making a decision.
Beware what the RAF offers:
The RAF claims to be improving its services. A Customer Service Awareness Drive was launched countrywide during November 2016 to make people aware of the benefits on offer.
- Underpinned by a new service charter, the RAF has reaffirmed its commitment to providing car crash victims, their dependents and families with a high-quality service against tightly measured standards.
- The charter also provides employees with clear principles to strive for in-service excellence in order to achieve the RAF’s Vision, Mission and Values as identified in its Corporate Strategic Plan.
- The RAF encourages claimants to interact directly with them in order to avoid the pitfalls associated with paying ‘intermediaries’ fees. Furthermore, the RAF’s full suite of services will still be at claimants’ disposal.
- Ms Lindelwa Jabavu, RAF chief operations officer, said: “The RAF aims to execute its duties with extra dedication and fortitude, while pursuing excellence across the business.”
- There is a commitment to cover, compensate, and rehabilitate all those who are injured on our roads – including citizens and foreigners alike.
- Call Centre agents will be on hand to take enquiries. After hours calls will be returned on the next working day.
- When meeting with the RAF, you will need to bring your ID document, case number, accident reports, vehicle registrations, and contact numbers of all parties involved in the motor vehicle accident.
But here’s what you actually get:
- The RAF emphasizes that by approaching them directly, members of the public can save on attorneys’ fees. What they don’t say is that they are likely to offer you only a fraction in compensation of what your case is worth. Most cases are considerably under-settled.
- The Fund uses the term ‘intermediaries’ when they mean attorneys. An intermediary, according to the dictionary, is somebody who acts as a link between two parties in order to bring about an agreement or reconciliation – almost a mediator. An attorney is not a ‘mediator’ – an attorney is there to see that you get your correct and just compensation. There is no negotiation on that.
- The reason the RAF use this term is unspecific – except to give the impression that these ‘intermediaries’ are not really important and will only cost the claimant unnecessary money.
- The RAF implies they will do the job just as well without the use of lawyers. To date this has rarely been the case, and the inefficiencies and gross unfairness of their handling of cases is well-known.
- Their implication that attorneys are costly is patently false. Under current applications, an attorney will carry costs until payout, and only receives monies due once payout has been affected. And an attorney will guarantee that your payout will be considerably more than the Fund would offer you than if you are fighting your case on your own.
A poor history
Applications through the RAF have, over the years, proven an arduous and often unsuccessful process. Problems chiefly revolve around unacceptable delays in processing claims, often running to years or not at all unless pursued by an attorney through the courts, costing the Fund as well as everyone else unnecessary time and expense – all easily avoided if they applied efficiency in the first place.
If an individual does not fully understand the process or makes a minor mistake, or even waits too patiently for too long for the RAF to contact them, they face losing their claim entirely. Whereas with the backing, advice and support of a qualified attorney, they can be assured of focus, pace, fairness and ultimately the right and full compensation for their legitimate claims. 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.
The strong arm of the law
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
