Every day, accidents occur on South African roads, and can be very distressing once you have been involved in one. Traffic accidents affect thousands of road users, and those injured require access to emergency medical care, appropriate medical care, and treatment, and often require rehabilitation.

For spouses or life partners, and children, the death of an earner and the residual disability of an injured person have significant social and financial costs

Read on to understand some of the points raised.

 

What is the Purpose of the Road Accident Fund?

 

All South African road users, residents, and visitors are entitled to compensation from the Road Accident Fund (RAF) in the event of injury or death brought on by a motor vehicle accident inside South Africa’s borders.

The RAF is government-sponsored financial assistance that covers liability and collision insurance for all road users in South Africa, to rehabilitate and compensate persons injured as a result of negligent driving. This includes both personal insurance for accident victims or their families, and indemnity cover for negligent drivers.

If you or a family member are injured in a car accident as a driver or passenger, you could be eligible to make a compensation claim.

 

Why was the RAF Established?

The RAF is a legal entity created by an Act of Parliament, namely the Road Accident Fund Act 1996 (Act No. 56 of 1996), as amended (the “RAF Act”). It began operating on May 1, 1997, and assumed all the Multilateral Motor Vehicle Accident (MVA)Fund’s rights, obligations, assets, and liabilities.

Compulsory MVA insurance was introduced in South Africa in 1942 The legislation was designed to safeguard innocent victims who had little legal recourse from reckless and underinsured drivers. The demand on hospitals, which had to deal with a burden related to accidents, was another factor. The primary motivation was the negative impact of injury and disability on road users and their families, as well as the need to care for and rehabilitate people injured in traffic accidents.

Since it began, the compensation’s legal basis has largely remained the same.

 

 

Where Does the Money for the Fund Come From?

A fuel levy on the sale of petrol and diesel provides most of the funding for the Road Accident Fund.

 

Who Has the Right to File a Claim?

 

· A person who sustained injuries on the road that wasn’t their fault.

· A surviving family member of the deceased provided they were not liable for the accident.

· Close family members who paid for the funeral expenses.

· If dependent on the income of the deceased.

· Parents or legal guardians of minor children involved in a crash.

 

What Compensation Are You Entitled To?

 

· General compensation for pain, suffering, and disability.

· Payment of medical expenses related to injuries.

· If a close relative or family breadwinner dies in a road accident, you can claim loss of support.

· The person who paid the funeral costs of the person who died in a car accident. Keep in mind that the expenses are only for the cremation or burial of the deceased.

 

Step-By-Step Guideline How to Start the Claims Process

Step 1: Gather all supporting documents

· A certified copy of the claimant’s or injured person’s identity document. Or a full birth certificate if the person is a minor.

· Valid affidavit by the claimant.

· Official Accident Report and witness statement taken by the SAPS. Additionally, a medical report must be completed by the first treating doctor.

· Evidence of loss of income, such as a payslip.

· Documents certifying all medical expenses incurred.

Additional documentation is needed if the accident victim is deceased

· The post-mortem report or death certificate.

· ID document of the deceased.

· A marriage certificate is required if the claim was made by a spouse.

· Minor children’s unabridged birth certificates.

Step 2: Complete the necessary forms

Available from the Road Accident Fund offices or can be downloaded from their website.

 

RAF 1: Claims for Compensation and Medical Report

This third-party claim form is required to claim compensation for a personal injury. As well as supporting documentation indicated by an asterisk.

 

RAF 3: Accident Report Form

This legal accident reporting form applies when a person is injured or killed in a motor vehicle. To be completed by the owner or driver of the vehicle, including any necessary witness information.

 

RAF 4 Form: Serious Injury Assessment Report

This form must prove that the injury is serious enough to award general damages to the complainant.

 

Step 3: Submit

Once you have completed all the required forms, you will need to submit a copy of your documents and supporting documents to the RAF. Please note that submissions by email are not accepted.

 

Is it Necessary to Appoint a Lawyer to Handle the Claim?

No, it is not; the claimant may submit a direct claim on their own. However, you are free to appoint a lawyer to represent you. Keeping in mind that you are liable for any professional services provided.

When Must You Submit a Claim?

Known Driver

If you know the negligent driver’s name, file the claim within three years after the accident.

Unknown Driver

For a hit-and-run accident, file the claim within two years.

Ensure that all documents are filled in properly and signed accordingly. Once you submit a claim the RAF registers it on its system. The RAF will review and investigate the evidence, and legal proceedings will follow.

For more information, see the detailed guide on the RAF website.