Road Accident Fund Claims
The professional services you need to claim from the Road Accident Fund and to maximise your claim
Motorists, passengers, motor-cyclists, cyclists, and pedestrians who have been seriously injured in a motor vehicle accident can claim from the Road Accident Fund if the accident was not their own fault. Dependents of deceased breadwinners may also qualify for a loss of support claim.
Compensation for motor vehicle accident injuries
The categories of compensation you can claim from the Road Accident Fund.
General damages
Compensation for shock, pain and suffering, loss of amenties of life, disfigurement and disability
You will be entitled to claim for loss of earnings if your injuries have resulted in:
- long-term impairment or the loss of a body function
- permanent, severe disfigurement
- a serious long-term mental or behavioural disturbance or disorder
- the loss of an unborn child
Past and future hospital and medical expenses
Claim past and future hospital and medical expenses.
You will be entitled to recover both past and future medical expenses related to your injuries. Past medical expenses encompass all medical costs incurred since the accident, such as hospitalization, doctor`s visits, medication, physiotherapy, and medical equipment. Future medical expenses account for anticipated medical needs resulting from your injuries, including ongoing treatment, future surgeries, long-term care, and necessary medical equipment.
Loss of Earnings
Past and future loss of earnings and loss of earning capacity.
You will be entitled to claim for general damages if your injuries have resulted in:
- Past loss of earnings: This covers income you have already lost since the accident due to your injuries
- Future loss of earnings: This covers income you are likely to lose in the future due to your injuries, such as reduced earning capacity or the inability to work at all.
Loss Of Support
Past and future loss of support.
A loss of support claim against the Road Accident Fund (RAF) can be made by dependents of a deceased person who died as a result of injuries associated with a motor vehicle accident and the accident was caused through the fault of another driver. This claim seeks compensation for the financial support that the deceased would have provided to their dependents had they not died. Eligible dependents may include spouses, children, and in some cases, parents or other financially reliant individuals. To succeed with a loss of support claim, it is crucial to demonstrate a clear dependency on the deceased and provide evidence of the financial support they provided.
Funeral Expenses
Reasonable and neccesary funeral expenses
You will be entitled to recover reasonable and necessary funeral expenses incurred as a result of the death of a family member. These expenses may include costs associated with the deceased`s burial or cremation, such as transportation, embalming, casket/coffin, burial plot, and funeral services
General damages
Compensation for shock, pain and suffering, loss of amenties of life, disfigurement and disability
You will be entitled to claim for loss of earnings if your injuries have resulted in:
- long-term impairment or the loss of a body function
- permanent, severe disfigurement
- a serious long-term mental or behavioural disturbance or disorder
- the loss of an unborn child
Past and future hospital and medical expenses
Claim past and future hospital and medical expenses.
You will be entitled to recover both past and future medical expenses related to your injuries. Past medical expenses encompass all medical costs incurred since the accident, such as hospitalization, doctor`s visits, medication, physiotherapy, and medical equipment. Future medical expenses account for anticipated medical needs resulting from your injuries, including ongoing treatment, future surgeries, long-term care, and necessary medical equipment.
Loss of Earnings
Past and future loss of earnings and loss of earning capacity.
You will be entitled to claim for general damages if your injuries have resulted in:
- Past loss of earnings: This covers income you have already lost since the accident due to your injuries
- Future loss of earnings: This covers income you are likely to lose in the future due to your injuries, such as reduced earning capacity or the inability to work at all.
Loss Of Support
Past and future loss of support.
A loss of support claim against the Road Accident Fund (RAF) can be made by dependents of a deceased person who died as a result of injuries associated with a motor vehicle accident and the accident was caused through the fault of another driver. This claim seeks compensation for the financial support that the deceased would have provided to their dependents had they not died. Eligible dependents may include spouses, children, and in some cases, parents or other financially reliant individuals. To succeed with a loss of support claim, it is crucial to demonstrate a clear dependency on the deceased and provide evidence of the financial support they provided.
Funeral Expenses
Reasonable and neccesary funeral expenses
You will be entitled to recover reasonable and necessary funeral expenses incurred as a result of the death of a family member. These expenses may include costs associated with the deceased`s burial or cremation, such as transportation, embalming, casket/coffin, burial plot, and funeral services
Get started today
If you’re looking for someone to trust with your RAF claim. This is the firm.
Contact us for a free consultationA track record of proven results.
Our firm has been in existence for over 30 years providing specialist legal advice and representation.
If you’re looking for someone to trust with your RAF claim..this is the firm. We have truly been fortunate to have them on board with us. Quick, efficient and effective
DonneClient
Best RAF attorneys around. With years of experience.
ClintonClient
During the whole process Wade has been consistent and has constantly kept chipping away at the RAF, sometimes through the courts. He has been approachable and willing to listen and respond appropriately to any concerns that I’ve had.
JonathanClient
Get your questions answered, we’re here to help.
Do you want to know if you have a claim or need legal representation? Our expert team is here to assist you.
Frequently asked questions
If you can’t find what you’re looking for, contact us directly.
Who is entitled to make a claim?
Motorists, passengers, motor-cyclists and pedestrians who have been seriously injured in a motor-vehichle accident which was not their own fault. Dependents of a breadwinner killed in an accident.
What is the time period in which to submit a claim?
The Road Accident Fund Act imposes deadlines for claim submissions. For identified claims (driver identified), you have 3 years to lodge a claim, and 5 years within which to serve summons if the claim has not been settled by then. Hit and run claims (driver unidentified) need to be submitted within two years and summons served within 5 years.
Should I file a direct claim with the RAF?
Road Accident Fund claims are complex. While self-submissions are an option, engaging legal expertise offers significant advantages. Attorneys ensure thorough claim preparation, including accurate documentation and comprehensive loss quantification. They secure essential medical opinions, negotiate effectively with the RAF, and advocate for your best interests, including litigating when necessary. Furthermore, legal counsel provides expert guidance on settlement offers and assists with navigating potential appeals, maximizing your chances of receiving full and fair compensation
What is the Road Accident Fund?
The Road Accident Fund (RAF) is a statutory body providing compensation to victims of serious or fatal motor vehicle accidents. It has branch offices in the major centres in South Africa
How is the Road Accident Fund financed?
The Road Accident Fund (RAF) is primarily financed by a fuel levy, a fixed amount is added to the price of every litre of petrol and diesel sold in South Africa. The levy rate is set annually by the National Treasury based on the RAFs budget needs and total fuel sales.
How long does the claim process take?
Road Accident Fund claims often take a considerable amount of time to process due to a confluence of factors. The requirement of a medical assessment after a claimant reaches Maximum Medical Improvement, particularly for serious injury claims involving general damages, introduces a significant delay. Moreover, achieving a fair settlement frequently necessitates legal action, including court proceedings, which can be a protracted process. Compounding these delays is the Road Accident Fund`s ongoing operational challenges, including a substantial backlog of unsettled claims.
What do we charge?
We offer a free initial consultation to discuss your case and answer your questions. If we agree to proceed, we work on a contingency basis meaning that our firm will finance the claim and that you will only be responsible for the fees and disbursements incurred by our firm if the claim is successful and in such instance our fee is capped at a maximum of 25% of the claim proceeds. If the claim is unsuccessful you will not be responsible to our firm for the payment of any fees or disbursements