Road Accident Fund-a Benefit of our Hefty
Fuel Levy Aisha on behalf of Lead-in Lady
Motor vehicle accidents have taken lives, dashed
hopes, and in some cases caused long-term
impairments and disability. The law recognises
these potential adverse effects and provides
financial compensation for them through the
Road Accident Fund (RAF). This however, is not
to assert that less prominent injuries emerging
from an accident cannot be covered by the Fund,
insofar as the injuries stemmed from the
negligent driving of a motor vehicle.
The Road Accident Amendment Act which
came into operation on 1 August 2008 altered
the way in which compensation is calculated
and disseminated. It should be understood
that all claims lodged with the RAF relate to
personal injuries, loss of past and future
income, past and future medical expenses,
pain, suffering and disfigurement which
resulted from an injury caused by an accident,
and where there was a death arising from the
accident it could result in a claim for loss of
support and a claim for necessary funeral
expenses. Claims which relate to the repair of
a motor vehicle are excluded.
Initially; one could claim against the negligent
driver and the RAF to ensure that all expenses
are covered but this has since been abolished
and now one may claim only from the RAF
subject to the tariffs imposed by legislation.
Motor vehicle accidents and hit-and-runs are
treated differently by the RAF wherein
compensation is offered for both but with
different time spans in which to lodge a claim
and institute summons.
All information contained in the column is simply
the legal opinion of the writer in order to empower
individuals with knowledge at no cost. The
contents should not be construed as a legal basis
for any legal action. Please always consult with a
practising attorney when confronted with a legal
dilemma.
Where there is an identified driver one has three years
to lodge a claim from the time of the accident. In hit-
and-run cases the time limit to lodge a claim is 2 years.
This time limit does not apply to minors and those
placed under curatorship. The claim, once made, is
assessed by the RAF in order to determine validity,
fault, quantum, and apportionment. One cannot be
doubly compensated if medical costs were already
covered by a medical aid scheme. If need be the
matter can be settled in the courts and this is often the
case.
Passengers are able to lodge a 100% claim but the
amount of compensation, as mentioned, will be
subject to the capped tariffs. It is always best to
consult with an attorney who is better equipped to
deal with motor-vehicle accident matters but for those
who wish to pursue the matter themselves they can
do so by visiting the website (www.raf.co.za) wherein
guides can be downloaded and wherein the relevant
forms can be completed. Full details of the accident,
medical reports, spending vouchers, as well as
accessibility to the treating Dr are all integral for a
successful claim and it is advised that these are
obtained and kept handy. In serious cases there will be
a need for testimonies from specialists. RAF claims can
be rather complex but the Fund has attempted to
create accessibility and information on the claims
process is widely available.