Every day people are injured in motor vehicle accidents on South African roads. If you are injured in an accident for which you are not to blame, or an accident for which you are only partly to blame, you can claim against the Road Accident Fund for the injuries sustained.
Our attorneys at Elmarié de Vos Inc specialise in claims against the Road Accident Fund (RAF).
What is the Road Accident Fund?
The fund provides financial assistance to all users of South African roads, both citizens and foreigners, who sustain injuries in a road accident or to the dependants of people killed in road accidents.
Who can claim from the fund?
- A person (driver, passenger, cyclist or pedestrian) who was injured in an accident.
- A child, spouse or other person who depended on the income of the person who died in the accident.
- A close relative of the deceased person who paid for the funeral.
Who can not claim from the RAF?
- A person who was the sole cause of the accident cannot claim from the fund. A claim only exists if the accident was caused by someone else’s negligent driving or by the joint negligent driving of two drivers.
- You cannot claim if you were the only person and vehicle involved in the accident.
What can I get compensated for?
- Past and future hospital and medical expenses.
- Past and future loss of income.
- Past and future loss of support for a dependent of a deceased victim.
- General damages for pain, suffering and disfigurement in the case of serious bodily injury.
- Necessary funeral expenses.
How long do I have to claim?
Claims where the identity of the driver of the vehicle or owner of the negligent motor vehicle is known must be lodged with the fund within three years from the date of the accident.
Hit and run claims where the identity of the driver or owner of the negligent motor vehicle is unknown must be lodged within two years.
When a person who is under the age of 18-years of age is injured in a motor vehicle accident, and where the identity of the driver of the vehicle or owner of the negligent vehicle is known, the claim can be lodged with the fund 3-years after the minor has turned 18.
Where a person dies and the person who was dependant on the deceased for support is under the age of 18-years old when the person whom they were dependant on passed away, and where the identity of the driver of the vehicle or owner of the negligent vehicle is known, the claim can be lodged within 3-years after the minor has turned 18.
What will it cost me?
Elmarié de Vos Inc operates on a contingency fee basis which means that if there is no win for you, there is no fee for us.
How long does a claim take?
It is important for us to settle claims as quickly and effectively as possible. However, we will not rush a claim as we need to ensure that all the facts are known and that all the relevant information has been obtained. It is also in our best interest to finalise a claim as soon as possible due to the fact that we do not receive any money for fees or expenses until the case is finalised and payment is received from the fund.
How to claim from the Road Accident Fund
Claiming from the RAF is a complex process which you can undertake yourself, but it is our recommendation that you get legal assistance from a suitably qualified attorney. Our attorneys have worked at the Road Accident Fund and are especially well-positioned to assist a claim in getting the best possible results.
Contact our experienced attorneys today and tell us your story. Fill in our easy form here: https://elmariedevosinc.co.za/tell-us-your-story and we will get back to you within 72 hours.
Alternatively call us on 0861 338 529, SMS or WhatsApp 071 112 2007 or via email: email@example.com
The information on these web pages is provided for general information purposes and is not intended to be stand-alone legal advice. Always consult a suitably qualified attorney for individual advice regarding your legal matter.