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ROAD ACCIDENT FUND CLAIMS
The Road Accident Fund provides cover to qualifying persons who are injured in an accident on South African roads. If you or a family member are involved in an accident resulting in significant injury or loss of life, you may be able to claim from the Fund.
To ensure that your claim is instituted correctly and that you receive fair compensation from the Fund, you should contact an experienced attorney to assist you with your claim.
Contact us for a free consultation to determine whether you qualify to claim from the RAF. We assist qualifying claimants on a no-win, no-fee basis.
The Road Accident Fund (RAF) pays compensation to qualifying claimants in the event of personal injury or death resulting from a motor vehicle accident. The RAF indemnifies and takes the place of the person who caused the accident, and provides claimants with a fair remedy.
Who can claim from the Road Accident Fund?
RAF cover applies to all road users, including motor vehicle drivers and passengers, bus and taxi drivers and passengers, motorcycle drivers and passengers, cyclists and pedestrians.
In order to qualify for compensation, a person must meet certain criteria. Most important of these are that:
You must not be solely responsible for the accident. If there is no other person who can be held at least partially liable for the accident, then you will not be entitled to claim.
Your injuries must be considered serious. A medical professional must examine your injuries and determine that they are severe enough to fulfil the minimum criteria for a claim.
What can I claim for?
If you qualify for a claim, you can claim the following expenses and damages:
General damages - for pain and suffering due to a serious injury
Loss of income due to your injury, up to a legislated maximum
Medical expenses incurred due to the injury
The close family of a breadwinner deceased in a road accident can also claim for loss of support up to a prescribed maximum as well as certain funeral costs.
Damages and expenses which cannot be claimed
It is important to note that the RAF does not cover all forms of loss caused by an accident. You cannot claim from the RAF if you were the driver and were solely responsible for the accident, or if you were the only person involved in the accident and no other person can be held liable for it.
You also cannot claim for damages to your vehicle or personal property. Such damages form a separate civil claim which you must pursue yourself against the person who caused the accident.
How does the claim process work?
1. Gather evidence
If you are the victim of a road accident, it is important to gather as much evidence as possible. The more documentation you can provide to us, the easier it makes us to help you. The following evidence is essential:
the details of the accident, including the personal details of the other drivers and passengers involved, if possible;
the police accident report;
proof of medical expenses or any other expenses incurred due to the accident;
any evidence of loss of income suffered by yourself or due to the death of the breadwinner in your family;
any evidence of loss due to damage to your vehicle or personal property (although bear in mind that this will form a separate MVA claim not covered by the RAF).
2. Ensure you qualify for a claim
The RAF places time limits on claims. If the accident took place more than three years ago, your claim may have prescribed (expired). In the case of a hit-and-run incident where the responsible person was not identified, the time limit is two years.
One exception to the above, however, is where the claimant was a minor (under 18 years) at the time of the accident. The prescription period commences when such a person reaches the age of 18 years.
Unsure whether you qualify for a claim from the RAF? Complete our questionnaire here and we'll provide you with a free consultation.
3. Consult us for assistance with your claim
Although it is possible to claim directly from the RAF yourself, it is in the RAF's interests to settle claims at the lowest amount it can. Furthermore, the claims process is complicated and requires expert legal knowledge to navigate successfully. Maybery Inc. can help you ensure you receive fair compensation with a minimum of frustration and delay. We assist qualifying RAF clients on a "no win, no fee" contingency basis.
To find out more about an RAF claim or to arrange a consultation, contact us at the link below.
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