Yes, if you’ve been injured or a loved one has died in a car accident in South Africa due to the negligence of another driver, you can claim money from the Road Accident Fund (RAF). The RAF is a state insurer that provides compensation to victims of road accidents.
Here’s a breakdown of how you can claim and what you can claim for:
Who Can Claim?
You can claim from the RAF if you are:
- An injured person (driver, passenger, pedestrian, cyclist, motorcyclist) in an accident caused by the negligence of another driver.
- A dependent of someone who died in a road accident (e.g., spouse, child, parent).
- A close family member who paid for the funeral expenses of an accident victim.
- A minor child (your parents or legal guardians will claim on your behalf).
- An executor of a deceased’s estate.
Important Note: The accident must have occurred within the borders of South Africa on a public road, and the injury or death must have been caused by the negligent driving of a motor vehicle. You generally cannot claim if the accident was entirely your fault, or for damage to your vehicle.
What Can You Claim For?
The RAF covers various types of losses and damages:
- Medical Expenses:
- Hospitalisation costs
- Doctor’s fees, medication, and prescriptions
- Rehabilitation costs (physiotherapy, occupational therapy, etc.)
- Future medical expenses (often provided as an “undertaking” by the RAF, meaning they will cover these costs as they arise).
- Loss of Income:
- Past Loss of Earnings: If your injuries prevented you from working from the date of the accident until the claim is settled.
- Future Loss of Earnings/Earning Capacity: If your injuries have permanently or partially affected your ability to earn an income in the future.
- Loss of Support (in case of a fatality):
- If a breadwinner died in the accident, their dependents (spouse, children, parents) can claim for the financial support they would have received.
- General Damages (Pain and Suffering):
- Compensation for non-economic losses such as pain, suffering, disfigurement, loss of amenities of life, and emotional distress.
- Important: To claim general damages, your injury must be classified as “serious” by a medical practitioner using the RAF 4 Form, according to the RAF Act’s serious injury assessment regulations.
- Funeral Expenses (in case of a fatality):
- Costs associated with burial or cremation.
How to Claim from the RAF: A Step-by-Step Guide
The process can be complex and lengthy, often taking years. It is highly recommended to engage a specialised attorney.
1. Seek Medical Attention and Gather Information:
- Prioritise your health: Get immediate medical attention for your injuries. Ensure all injuries, physical, emotional, and psychological, are reported and documented by medical professionals.
- Police Report: Obtain the official police accident report and case number.
- Accident Details: Gather all details about the accident: date, time, location, vehicles involved (make, model, registration numbers), details of the negligent driver/owner, and contact information for any witnesses.
- Photos/Videos: If possible, take photos or videos of the accident scene, vehicle damage, and your injuries.
2. Appoint a Specialist Attorney (Highly Recommended):
- While you can claim directly from the RAF, navigating the legal, medical, and procedural intricacies without expert help often leads to frustration, delays, or even denied claims.
- An attorney specialising in RAF claims will:
- Guide you through the entire process.
- Gather and compile all necessary evidence (police reports, medical records, witness statements, proof of income, etc.).
- Liaise with medical experts for comprehensive assessments of your injuries and their long-term impact.
- Ensure all required forms (RAF 1 for personal injury, RAF 3 for loss of support, RAF 4 for serious injury assessment) are completed accurately.
- Lodge your claim within the strict time limits.
- Negotiate with the RAF for a fair settlement.
- If a settlement isn’t reached, institute legal proceedings and represent you in court.
- Help you access bridging finance if you need funds urgently while waiting for your payout.
3. Lodge Your Claim:
- Your attorney will submit the completed RAF claim forms along with all supporting documents to the RAF.
- Time Limits (Prescription Periods): These are critical.
- Identified Claims (driver/vehicle known): You must lodge your claim within three years from the date of the accident.
- “Hit-and-Run” Claims (driver/vehicle unknown): You must lodge your claim within two years from the date of the accident.
- Legal proceedings (issuing summons) must generally be instituted within five years from the date of the accident.
- Important: There are some exceptions for minors or mentally incapacitated persons, but it’s always best to act as quickly as possible.
4. RAF Investigation:
- The RAF will register your claim and has 120 days to investigate its validity. They may request additional information or require you to undergo a medical assessment by their appointed doctors.
5. Negotiation and Settlement:
- After the investigation, your attorney will typically negotiate with the RAF for a settlement. This often involves exchanging medical reports and actuarial calculations of your losses.
- Many claims are settled out of court.
6. Litigation (If Necessary):
- If a settlement cannot be reached, your attorney will issue a summons and the case may proceed to court. This can involve trial dates, expert testimony, and court hearings.
7. Payout:
- Once a settlement is reached (either out of court or by court order), the RAF is generally supposed to make payment within 180 days (six months).
- However, due to the RAF’s financial and administrative problems, delays beyond 180 days are common. If the RAF defaults on payment, your attorney can take further legal steps (e.g., obtaining a writ).
- The compensation received from the RAF is not subject to tax.
In summary, while you can claim money after a car accident in South Africa, the process is intricate. Partnering with a reputable and experienced personal injury attorney specialising in RAF claims significantly increases your chances of a successful and fair outcome.
