What Is an RAF Loss of Support Claim?
The Road Accident Fund Act provides a statutory system of compensation for loss or damage arising from bodily injury or death caused by or arising from the driving of a motor vehicle, where the requirements of the Act are met.
Where a person dies in a qualifying motor vehicle accident, a dependant who has lost a legally enforceable right to financial support may have a claim against the RAF.
The claim belongs to the dependant. It compensates that person for the patrimonial loss caused by the death of the breadwinner.
A fatal motor vehicle accident does not automatically create a loss of support claim for every family member. The claimant must establish a legally enforceable right to support and an actual financial loss.
The Accident Must Fall Within the RAF Scheme
Before the amount of a loss of support claim is considered, liability for the accident itself must be established.
In broad terms, the death must have been caused by or arisen from the driving of a motor vehicle and must be due to the negligence or other wrongful act of the driver or owner of the relevant motor vehicle, as contemplated by the Road Accident Fund Act.
The circumstances of the collision therefore remain important even though the person bringing the loss of support claim was not necessarily involved in the accident.
A claimant generally needs to establish both the RAF's liability arising from the collision and the claimant's own legally enforceable dependency and financial loss.
Who Can Claim Loss of Support?
There is no simple rule that every person who received financial assistance from the deceased automatically qualifies.
The central question is whether the deceased had a legally enforceable duty to support the claimant.
Spouses
A surviving spouse may have a claim where the deceased owed that spouse a legal duty of support and the death caused a financial loss.
Children
Dependant children may claim for the financial support lost through the death of a parent who had a duty to maintain them.
Life Partners
An unmarried life partner may potentially claim where a legally enforceable duty of support can be established on the evidence.
Other Family Members
Parents, siblings or other persons may qualify in appropriate circumstances where a legally recognised duty of support and actual dependency can be proved.
Being Financially Dependent Is Not Always Enough
This is an important distinction in loss of support claims.
A claimant may be able to prove that the deceased regularly gave them money, paid expenses or contributed towards the household. That evidence is important, but the legal enquiry does not necessarily end there.
The claimant must establish a right to support that is worthy of legal protection and a corresponding duty on the deceased to provide that support.
Claims involving unmarried partners, parents, siblings or other relatives can be particularly fact-sensitive. The nature of the relationship, actual history of support, dependency and existence of a legally recognised duty may all require evidence.
Loss of Support Claims for Children
A parent's legal duty to support a dependant child is well established. Where a parent who was providing support dies in a qualifying motor vehicle accident, the child may therefore have a claim for the support lost as a consequence.
The child's claim is separate from any claim that may be available to the surviving spouse or another dependant.
Where the claimant is a minor, the claim is ordinarily pursued on the child's behalf by an appropriate representative.
If a deceased breadwinner leaves a spouse and several dependant children, the effect of the death on each dependant's financial support must be considered.
What Must a Claimant Prove?
The exact evidence required depends on the circumstances, but a loss of support claim generally involves several distinct issues.
The Fatal Accident
Evidence must establish the motor vehicle accident, the circumstances in which it occurred and the basis upon which the RAF is liable.
The Death
The claimant must establish the death of the breadwinner and its connection to the injuries sustained in the motor vehicle accident.
The Duty of Support
The claimant must establish that the deceased had a legally enforceable duty to provide support.
Actual Financial Support
Evidence concerning the deceased's income and the manner in which that income was used to support the claimant will be relevant.
The Financial Loss
The claimant must quantify the patrimonial loss resulting from the premature death of the breadwinner.
What Documents May Be Needed?
Documentation differs from case to case. However, a loss of support investigation commonly requires evidence relating to the accident, death, family relationship, dependency and the deceased's earnings.
Death Documentation
This may include the death certificate and other documentation relevant to the cause and circumstances of death.
Collision Evidence
Accident reports, police documentation, witness information and other evidence concerning the collision may be required.
Family Documentation
Marriage certificates, birth certificates, customary marriage evidence or evidence concerning a life partnership may be relevant.
Earnings Evidence
Payslips, employment records, tax information, bank statements or business records may help establish the deceased's earnings.
Proof of Support
Bank transfers, household expenses, maintenance records and other evidence may demonstrate how the deceased supported the claimant.
Prescribed Claim Documents
The RAF claim must be lodged in the prescribed manner with the forms and supporting information required by the applicable legislation and rules.
How Is Loss of Support Calculated?
A loss of support claim is not calculated simply by multiplying the deceased's monthly salary by the number of years the claimant expected to receive support.
The calculation attempts to determine the value of the financial support the claimant probably would have received had the deceased survived.
Actuarial evidence is commonly used to assist with the calculation.
Earnings
The deceased's actual income and probable future earning trajectory are relevant to the calculation.
Personal Expenditure
Not all of the deceased's earnings would have been available for dependants, as a portion would have been used for the deceased's own expenses.
Dependency
The number of dependants and the nature and likely duration of their dependency affect the calculation.
Future Uncertainty
Appropriate contingencies may be applied to account for the uncertainties inherent in projecting future earnings and support.
Why Is an Actuary Often Used?
Loss of support claims frequently involve projections extending years into the future.
An actuary can calculate the present value of the support that would probably have been received by taking into account assumptions about earnings, inflation, life expectancy, dependency periods and other relevant financial factors.
The actuarial calculation does not itself decide whether the RAF is legally liable. It assists in quantifying the financial loss once the necessary factual and legal assumptions have been established.
Past and Future Loss of Support
Depending on when the claim is finalised, the loss may contain both a past and future component.
Support Already Lost
This concerns the support the claimant would probably have received between the deceased's death and the date at which the loss is calculated.
Projected Support
This concerns the value of support the claimant would probably have continued receiving into the future.
How Long Do You Have to Lodge an RAF Claim?
Prescription is one of the most important issues in any RAF matter. A potentially valid claim can be lost if the applicable time limits are not complied with.
Where the identity of the driver or owner of the vehicle has been established, section 23 of the Road Accident Fund Act generally provides for a three-year period from the date on which the cause of action arose.
Different rules apply to certain unidentified-driver claims, commonly associated with hit-and-run accidents, and specific regulations must be considered.
RAF prescription contains important statutory rules and exceptions. For example, the ordinary three-year prescription period does not run against certain persons identified in the Act, including minors. The correct deadline should therefore be determined from the facts of the particular claim rather than relying on a general online calculation.
What Happens After a Claim Is Lodged?
Lodging the claim is only one part of the RAF process.
The evidence must still establish the collision, the basis of liability, the legal duty of support and the amount of financial loss suffered by each dependant.
Investigate the Collision
Evidence is gathered concerning how the accident occurred and the negligence or wrongful conduct relied upon.
Establish Dependency
The relationship between the deceased and each claimant and the corresponding duty of support must be established.
Establish Earnings
Evidence is obtained concerning the deceased's earnings, career history and probable future income.
Quantify the Loss
Actuarial calculations may be obtained to quantify the past and future financial loss suffered by the dependants.
Resolve or Litigate the Claim
Depending on the RAF's position and the circumstances of the matter, the claim may ultimately require litigation.
Can Funeral Expenses Also Be Claimed?
A loss of support claim should be distinguished from a claim for funeral expenses.
The Road Accident Fund Act makes provision, subject to its requirements, for compensation relating to the necessary costs of the deceased's cremation or burial.
Not every expense associated with a funeral will necessarily be recoverable. The nature and reasonableness of the expense must be considered against the statutory framework.
Loss of support and funeral expenses are not the same claim. Loss of support concerns the financial maintenance the dependant has lost, while qualifying funeral expenses concern the necessary costs associated with burial or cremation.
Common Issues That Can Complicate a Loss of Support Claim
Unmarried Relationships
Evidence may be required to establish the nature of the relationship and whether a legally enforceable duty of support existed.
Informal Income
Where the deceased did not receive conventional payslips, additional evidence may be needed to establish earnings.
Multiple Dependants
The support available to the household and the position of each dependant must be considered when quantifying the claims.
Disputed Liability
The RAF may dispute how the collision occurred or the extent to which the insured driver's negligence contributed to it.
What Should You Do After Losing a Breadwinner in a Road Accident?
Families are understandably focused on the immediate consequences of bereavement after a fatal collision. However, obtaining advice about a potential RAF claim early can help preserve evidence and avoid procedural difficulties later.
Keep the Accident Information
Preserve police details, accident reports, photographs, witness information and any available information concerning the vehicles and drivers involved.
Preserve Financial Records
Keep payslips, bank statements, employment records, tax information and other evidence of the deceased's income.
Document the Support Provided
Gather evidence showing household contributions, maintenance, school expenses, accommodation and other financial support provided by the deceased.
Identify All Potential Dependants
A deceased breadwinner may have supported more than one person, and each potential dependant's legal position should be assessed individually.
Check Prescription Early
Do not wait until the apparent deadline approaches. The applicable prescription period and procedural requirements should be determined as early as possible.
The Key Takeaway
A fatal road accident can remove not only a loved one from a family but also the financial support on which a household depended.
A Road Accident Fund loss of support claim is intended to compensate qualifying dependants for that financial loss where the requirements of the RAF Act and the law relating to dependency are satisfied.
The amount of compensation depends on much more than the deceased's salary. The nature of the duty of support, actual dependency, probable future earnings, the number and circumstances of dependants, the duration of support and actuarial considerations may all affect the claim.
The existence of a family relationship does not by itself determine whether a loss of support claim will succeed. Liability, dependency, the legal duty of support, prescription and quantum should all be assessed on the particular facts.
Have You Lost a Breadwinner in a Road Accident?
Danel Campbell Attorneys assists dependants with Road Accident Fund claims arising from fatal motor vehicle accidents. We can assess the accident, the relationship of dependency, the available financial evidence and the procedural requirements applicable to the claim.
Explore Personal Injury & RAF Services →This article provides general legal information about Road Accident Fund loss of support claims in South Africa and does not constitute legal advice. RAF claims are fact-specific and are subject to the Road Accident Fund Act, applicable regulations, prescription rules and procedural requirements. Whether a person qualifies as a dependant and the amount recoverable depend on the circumstances and evidence of the particular matter. Legal advice should be obtained in relation to a specific claim.