Road Accident Claims - Road Accident Fund
In terms of current legislation, a percentage of all petrol and diesel purchased is utilised to finance the Road Accident Fund (RAF) (a de facto insurer) to enable it to compensate road accident claims made by victims of motor vehicle accidents for injuries sustained, where the car accident has not been caused solely due to their fault or negligence.
The damages that can be claimed against the Road Accident Fund are only in respect of bodily injuries sustained.
A road accident claim against the RAF therefore excludes any damage to a vehicle or other material damages or losses suffered by the victim. This can be claimed directly from the driver who caused the accident, or his/her Insurance carrier.
If you have any doubts at all about who was to blame for the accident, seek legal advice from a third party attorney. If you are badly hurt your personal injury attorney will visit you in hospital or will come to your home. Even if you do not think that you require immediate medical attention you should still consider visiting your doctor or your local hospital for a proper medical examination. Some injuries may not give rise to symptoms until some time after an accident (e.g. from whiplash injuries to the neck and back), and any delay in seeking medical advice may complicate proving the relationship between the alleged injuries and the accident.
No matter how minor your injury may seem to you, you may be able to claim compensation if the car accident is wholly or partly the fault of someone else.
It is advisable to contact your personal injury attorney as soon as possible after the accident.
WARNING: Time Limits on Road Accident Claims
The Road Accident Fund Act regulates that road accident claims must be lodged with the Road Accident Fund within 3 years from the date of the accident if the identity of the driver or owner of the vehicle who caused the accident is known. Alternatively within 2 years if the identity is unknown (i.e. a so- called "Hit & Run" claim). NOTE: In the event of you being involved in a Hit & Run accident you must immediately seek legal advice, alternatively submit a detailed affidavit to the South African Police services within 14 days.
Who may claim from the Road Accident Fund
The following people may claim if they are not solely to blame for the car accident:
- Drivers
- Pedestrians
- Certain classes of passengers
- Cyclists
- Dependants of person(s) who were fatally injured due to the accident
For more information concerning road accident claims or for a consultation with one of our personal injury attorneys, please contact us at DSC Attorneys.