Right to Sue the RAF for Under-Settlement of a Claim

Road accident victims who lodge direct claims with the Road Accident Fund (RAF) may find that their claims are grossly undervalued. They may even discover that the claims prescribe while in the hands of the RAF.

These claimants can turn to a specialist law firm like DSC Attorneys for legal help.

Under-settlement of direct RAF claims

It has become alarmingly common for the RAF to under-settle direct claims.

This may be a result of the RAF attempting to minimise the burden of its debts – but at what cost to road accident victims? Unfairly dismissing or under-settling claims represents a failure of the RAF to meet its legally mandated responsibilities.

According to an article in the South African attorneys’ journal, De Rebus,

“As a result of the public wising up to the fact that the RAF cannot own up to the promises made under the ‘RAF on the Road’ banner, many direct claims are converted to represented claims and there are thousands of documented cases of attorneys successfully suing the RAF for the under-settlement and/or prescription of these matters.”

Consider this scenario. A young woman was travelling as a passenger in a bus when the driver veered to avoid an obstacle and crashed the bus over the side of a road. The woman suffered a serious spinal injury, resulting in paraplegia.

When she was in hospital, a RAF representative convinced the woman and her family to submit a direct RAF claim.

The RAF agreed to settle the woman’s medical expenses and cover the cost of a wheelchair. However, it failed to compensate her for pain and suffering, or for her inability to work again – with consequent loss of earnings for the rest of her life.

An attorney then assisted the woman in suing the RAF for under-settlement of the claim.

Unfair prescription of direct RAF claims

All claims for compensation from the RAF are subject to prescription within a specified time after the date of a road accident. In other words, they lapse after certain time limits (unless directed otherwise by the courts).

Alarmingly, thousands of direct claims have prescribed while still in the hands of the RAF.

Lengthy administrative delays have meant that claims prescribe unfairly, despite accident victims having met all their responsibilities in terms of the claims process.

Right of claimants to sue the RAF

Any road accident claim involves suing the RAF for compensation.

In the case of a direct claim against the RAF, however, no independent attorney is involved in the claims process.

This means that no unbiased legal representative protects the interests of the accident victim. Instead, the RAF attempts to wear both hats, serving its own interests and those of the claimant (despite obvious conflicts between these).

Where has this left claimants?

Fortunately, the law does not preclude direct RAF claimants from approaching attorneys for legal assistance.

With suitable legal representation, you can sue the RAF for under-settlement of your claim or contest the unfair prescription of a claim while in the RAF’s hands. Depending on the facts of the case, this may result in a new settlement offer from the RAF or in a court-ordered award of compensation.