Who Can Claim From the Road Accident Fund?
RAF claims are not limited to drivers. Different road users may qualify to claim where they have suffered bodily injury as a result of a motor vehicle accident and the legal requirements for liability are met.
Injured Drivers
A driver injured in a collision may have a claim where another person's negligent driving caused or contributed to the accident.
Injured Passengers
Passengers who sustain bodily injuries in a motor vehicle accident may qualify to claim compensation from the RAF.
Pedestrians & Cyclists
Pedestrians and cyclists injured through the negligent driving of a motor vehicle may also have RAF claims.
Dependants of a Deceased Breadwinner
Qualifying dependants may claim loss of support where a breadwinner dies as a result of injuries sustained in a road accident.
The RAF compensation system does not mean that every person involved in a collision automatically receives compensation. Liability may depend on the negligence of the drivers involved, and compensation can be affected by the claimant's own contribution to the accident.
What Compensation Can Be Claimed?
The damages available in an RAF matter depend on the particular circumstances of the claimant, the injuries sustained and the financial consequences of the accident.
Medical Expenses
A claim may include qualifying past medical expenses and provision for future medical treatment arising from accident-related injuries.
Loss of Earnings
Where injuries affect a person's ability to work or earn an income, past and future loss of earnings or earning capacity may form part of the claim.
General Damages
Compensation for non-pecuniary loss such as pain, suffering and loss of amenities of life is subject to the statutory serious-injury requirements.
Loss of Support
Dependants of a deceased breadwinner may be able to claim for the financial support lost as a result of the breadwinner's death.
What Are General Damages?
General damages differ from direct financial losses such as medical expenses or lost income. They relate to non-financial consequences of injury, including pain and suffering, disability and loss of enjoyment of life.
Under the RAF framework, general damages are not available for every injury. The injury must meet the applicable statutory requirements for classification as a serious injury.
A claim for general damages requires the appropriate serious injury assessment and supporting medical evidence. The fact that an injury is painful or has required treatment does not, by itself, determine whether it meets the statutory serious-injury threshold.
The RAF Claim Process
RAF claims are document-intensive. The evidence gathered after the accident can become important when establishing how the collision occurred, the injuries sustained and the financial losses flowing from those injuries.
Report and Record the Accident
Obtain the accident details and preserve information relating to the vehicles, drivers, witnesses, police report and circumstances of the collision.
Obtain Medical Treatment and Records
Medical records are important in establishing the injuries sustained, treatment received and the potential long-term consequences of those injuries.
Prepare and Lodge the RAF Claim
The claim must be submitted using the prescribed RAF documentation together with the supporting information required for the particular claim.
Assess the Injuries and Financial Loss
Medical and other expert evidence may be required to assess the nature of the injuries, future treatment, earning capacity and other losses.
Negotiation or Litigation
The claim may ultimately be resolved through settlement or, where liability or the value of the claim remains disputed, through court proceedings.
What Documents May Be Needed?
The documents required depend on the nature of the claim, but collecting relevant information early can make an important difference later.
Accident Information
Police and accident reports, witness details, photographs, vehicle information and information about the drivers involved may be relevant.
Medical Records
Hospital records, doctors' reports, medical accounts and evidence of ongoing treatment assist in documenting the injuries and related expenses.
Employment & Earnings Records
Payslips, employment information, tax records or other financial evidence may be required where loss of earnings is claimed.
Loss of Support Documents
Where a breadwinner has died, documentation establishing the relationship, dependency and financial support may be required.
Time Limits for RAF Claims
RAF claims are subject to statutory prescription periods. Missing an applicable deadline can result in the loss of the right to claim.
Generally 3 Years
Where the identity of the relevant driver or owner is known, the claim generally needs to be lodged within three years from the date on which the cause of action arose, subject to applicable statutory exceptions.
Generally 2 Years
Where the identity of the driver or owner is unknown, as can occur in a hit-and-run matter, a shorter period generally applies for lodging the claim.
RAF prescription can be technical and the applicable period depends on the circumstances of the claim. If you have been injured in a road accident, obtain advice as early as possible rather than waiting until the apparent deadline approaches.
What If It Was a Hit-and-Run Accident?
The fact that the responsible vehicle or driver cannot be identified does not necessarily mean that an injured person has no RAF claim.
Claims involving an unidentified driver are subject to specific procedural requirements and a shorter period for lodging the claim.
If the other driver left the scene or cannot be identified, preserve as much evidence as possible, including witness details, photographs, police information and any available information that may assist in establishing how the collision occurred.
What If You Were Partly Responsible for the Accident?
Being partly responsible for a collision does not necessarily mean that no claim exists.
The circumstances of the collision and the respective negligence of the parties must be assessed. Where the claimant also contributed to the accident, the amount recoverable may be reduced accordingly.
Accident liability is a legal and factual assessment. Statements made at the scene or a personal belief that you were partly responsible do not necessarily determine the final legal position.
What If Your Injuries Affect Your Ability to Work?
Some accident victims return to work after a short recovery. Others suffer injuries that affect their ability to perform their previous work, work the same hours or continue earning at the same level.
Where an injury has affected or is expected to affect earning capacity, the claim may require detailed evidence about the person's employment, earnings, qualifications, career path, medical condition and future ability to work.
The financial consequences of a serious injury may continue long after the immediate medical treatment has ended. Proper assessment of an RAF claim therefore needs to consider both past losses and reasonably established future consequences.
What If a Loved One Died in a Road Accident?
Where a person dies as a result of injuries sustained in a road accident, qualifying dependants may have a claim for loss of support if the deceased had a legal duty to support them.
These claims focus on the financial support the dependant has lost as a consequence of the breadwinner's death.
Depending on the circumstances, qualifying funeral expenses may also form part of the claims arising from the death.
Why Legal Assistance Matters
RAF claims can involve questions of negligence, prescription, medical evidence, expert reports, future treatment and complex calculations of financial loss.
Problems with documentation or delays in obtaining the necessary evidence can also affect the progress of a claim.
Assess the Accident
The circumstances of the collision and the negligence of the parties must be properly considered.
Protect the Claim
Applicable time limits should be identified early so that the claim is not jeopardised by prescription.
Build the Medical Case
Medical and expert evidence may be necessary to establish the extent and consequences of the injuries.
Assess the Losses
A claim should consider the legally recoverable losses flowing from the accident rather than only the immediate expenses.
The Bottom Line
If you have suffered bodily injuries in a motor vehicle accident caused wholly or partly by another person's negligent driving, you may have a claim against the Road Accident Fund.
The value and viability of the claim depend on the individual circumstances, including how the accident occurred, the extent of the injuries, the losses suffered and whether the procedural and prescription requirements are met.
Evidence can become more difficult to obtain as time passes, while RAF claims are subject to statutory deadlines. Early assessment allows the accident, injuries, evidence and applicable prescription period to be considered properly from the outset.
Road Accident Fund Claims
Danel Campbell Attorneys assists road accident victims and their families with RAF claims, including the assessment and preparation of claims for accident-related injuries, loss of earnings and loss of support.
Explore Personal Injury Services →This article provides general information regarding Road Accident Fund claims in South Africa and does not constitute legal advice. RAF claims are governed by the Road Accident Fund Act 56 of 1996, applicable regulations and related law. The availability, value and prescription period of a claim depend on the facts and circumstances of the particular matter.