We specialise in road accident claims against the Road Accident Fund
A Road Accident Fund claim, also known as a third party claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury to themselves, or bodily injury or death of another as a result of a motor vehicle collision. Parties who can claim are:
- A party who sustains bodily injuries in a Motor Vehicle Accident.
- When a breadwinner of a family is killed then the surviving spouse and the children are the persons who suffered damage by way of the loss of the financial support of the breadwinner.
- Where a minor is injured and has to receive medical treatment. In this case the parent would be the claimant in respect of the medical cost incurred because they are the person who had to pay for such costs and therefore has suffered damages and the minor would be the claimant in respect of the bodily injuries he/she sustained.
WHAT IS THE ROAD ACCIDENT FUND?
The Road Accident Fund is a statutory body established by law to administer the system of compensation for damages suffered due to bodily injury or death caused by the negligent driving of a motor vehicle.
HOW IS THE ROAD ACCIDENT FUND FINANCED?
The Road Accident Fund is financed by a levy on all fuel consumed. The proceeds of this levy is paid into the Road Accident Fund (RAF).
We secure the best possible settlements on behalf of our clients.
WHO MAY CLAIM AGAINST THE ROAD ACCIDENT FUND?
Any person who has suffered damage owing to bodily injury to him or herself or to the death or bodily injury of someone else, may claim compensation provided the following can be established.
WHO MAY SUBMIT YOUR CLAIM?
In terms of the Road Accident Fund third-party claims may only be submitted by the claimant themselves or their attorneys. If a claim is submitted by any one else the Road Accident Fund is entitled to refuse to pay any compensation.
CLAIMS MUST BE LODGED WITH THE RAF
Unidentified claims in which neither the owner or driver can be identified can still be instituted against the Road Accident Fund but they are subject to certain restrictions, including that they have to be lodged within two years of the cause of action or the claim will prescribe.
What you can claim from the Road Accident Fund
Victims of road accidents can claim for medical expenses, loss of earnings and, in cases involving serious injury, general damages for pain and suffering. If a breadwinner in your family is killed in a road accident, you can claim for loss of support and funeral costs.
The Road Accident Fund does not cover damage to a vehicle or other material damages or losses. These must be claimed directly from the driver who caused the accident or from the driver’s insurance carrier.
What to do if you’re involved in a motor vehicle accident
If you’re involved in a road accident, you can protect yourself by taking the following steps:
- Record as much detail as possible about the circumstances of the accident.
- Write down the contact details of driver(s) involved in the accident and the registration details of the vehicle(s)
- Record the full names and contact details of any witnesses.
- Consult your doctor or local hospital for a thorough medical examination.
- Contact a personal injury attorney as soon as possible.
- The earlier you involve your attorney, the better.
The attorney can then obtain necessary witness statements, photographs of the scene of the accident and of the damaged vehicle(s) and other evidence to support your claim. Contact us to see if you have a claim.