Claiming from the Road Accident Fund

by ashley
Molefe Dlepu RAF

Have you recently been involved in a motor vehicle collision?  How do you know if you have a claim against the Road Accident Fund.

You may have a claim if you were one of the following:

  • A passenger in a motor vehicle which was involved in a collision.
  • A driver of a motor vehicle which was involved in collision with another motor vehicle.
  • A pedestrian when you were collided into by a motor vehicle.
  • A cyclist/motorbike rider who was involved in a collision with a motor vehicle.
  • If someone whom you are financially dependent on dies in motor vehicle collision.
  • A close family member of a deceased person who died as a result of a motor vehicle accident who paid for the funeral expenses.

DID YOU SUSTAIN A SERIOUS INJURY AS A RESULT OF THIS COLLISION?                                              

What is a serious injury?              

An injury is serious if it has any of the following:-

  1. long-term impairment of a bodily function.
  2. loss of a body function.
  3. permanent, severe disfigurement.
  4. serious long-term mental or behavioural disturbances or disorders.
  5. the loss of an unborn child.

A medical practitioner will have to assess you to determine if your injury is regarded as “serious”.

WHAT CAN I CLAIM FROM THE ROAD ACCIDENT FUND?

You can claim the following:-

  • Medical expenses already incurred as a result of injuries/treatment received for injuries sustained in the collision – you will need invoices and proof that you paid for these expenses.
  • Future Medical Expenses, this means that the Road Accident Fund will pay for treatment/medication that you may need in the future.
  • Funeral Expenses – to be claimed by the person who paid for the expense.
  • Pain and suffering.
  • Loss of income suffered as a result of the accident.
  • Loss of support suffered as a result of an accident, ie, minor child, parent, or any person that is being financially supported can claim for loss of support as a result of death of person who was their financial provider.

DOCUMENTS NEEDED TO PROCEED WITH YOUR CLAIM

  • Identity document or passport.
  • Affidavit stating how the accident occurred.
  • Your hospital records.
  • Salary slips or bank statements proving income if claiming loss of income/loss of support.
  • Accident report.

PRESCRIPTION

You have three years to lodge a claim with the Road Accident Fund from the date of the accident. If one of the vehicles involved is unidentified, this period decreases to two years.

Minor children claims only prescribe 3 years after they turn 18, unless the identity of the vehicle is unknown, then it must be done within 2 years.

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