While the Road Accident Fund (RAF) faces a backlog of unpaid claims, the overhaul of the RAF is in progress which will result in a better claim system. While we wait for the new Road Accident Benefit Scheme to come into effect, should you even make a claim?
Well, if you miss the window for making a claim, which is 3 years, you lose the opportunity full-stop. If you do nothing you will get nothing. Yes, it will take a while to get a payout, but when you do, it will be a life-changer, especially if you have been drastically affected after a road accident.
In this article we outline the best way to claim from the RAF and at least get in the queue to have your claim heard and possibly paid out:
- Who can claim from the RAF
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Qualifying to make a claim
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How does the RAF decide on compensation
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Deciding whether to use an attorney
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Step by step claims process with an RAF attorney
Who can make a claim against the RAF?
Any person who has been involved in a motor vehicle accident on South Africa’s roads can claim from the RAF as long as they were not 100% to blame for the accident. This includes drivers, passengers, pedestrians, cyclists or motorcyclists. On top of this a dependent of someone who died in an accident can also claim for loss of support and for payment for funeral costs.
You cannot make a claim if:
- You were fully responsible for the accident
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You were the only person involved in the accident
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You are a dependent and the accident was due to the fault of the deceased
How does the RAF decide on compensation?
It is important to know how the RAF determines the value of the payout of a claim to understand how to bring an effective claim against them.
The RAF considers the following:
If you were the driver, to what extent were you at fault
The RAF in its current form, basically decides whether you were at fault based on the evidence submitted. If they find you partly at fault, they will reduce your compensation by the percentage attributed to your negligence. For example, if they determine you were 50% to blame, then you will only get 50% of the assessed costs paid out to you.
Your injuries and their impact
They will look at the nature and severity of your injuries. They will also consider the impact of those injuries on your financial situation and quality of life - both in the short and long term. At this point, the RAF will seriously consider the evidence supplied by medical experts.
Financial implication of medical costs
The RAF will examine the current medical costs that you have incurred, and the likely future medical costs associated with your injuries. Remember that these expenses must be directly related to the injuries you sustained in the accident, so you can’t claim for any pre-existing conditions or other injuries you may have had unrelated to the accident.
Loss of income or support
They will examine the evidence supplied which prove the extent of loss of income or support as a direct result of injuries sustained in the accident.
Make a claim against the RAF here
How much does the Road Accident Fund pay?
If you were not responsible for the road accident, the amount of compensation paid out by the RAF is limited to not more than R191,773.00 per year for general damages, medical costs, funeral expenses and loss of income. Likewise, a claim for loss of support if the accident resulted in the death of the breadwinner of the family will be paid out as long as it does not exceed R191, 773 per year.
The RAF does take into consideration the long-term impact of injuries. For example, in 2017 a man was paid out R5.4 million after suffering severe brain injuries and facial fractures when he was involved as a passenger in a road accident. In this case the RAF agreed to pay 100% of future medical expenses in addition to a lump sum payout.
If you need a Dedicated Road Accident Fund lawyer to fight your case for you at a no win, no fee basis, then click here.
Qualifying to make a claim
If you were injured in the accident.
You may have been involved in an accident, but if you did not suffer any damages then you have no claim against the RAF. Compensation is only paid if you can prove that you were injured and that your injuries were related to the accident.
If you did suffer an injury, or injuries, you are entitled to claim for medical expenses; past and future loss of earnings or support; and general damages for pain, suffering and disfigurement.
Note that you can only claim general damages for pain, suffering and disfigurement for serious injuries.
Death of a person in an accident
If you are the spouse, child or other person dependent on the income of the person who died in a road accident - and they were not 100% to blame for the accident - you are entitled to make two claims:
- For loss of support
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For funeral expenses limited to the cost of cremation or burial only
A minor cannot bring a claim until they are 18 years old, upon which they would have three years to make a claim.
Deciding whether to use an attorney or not
While you may believe you do not need an attorney, there are many reasons why you do.
Having an RAF attorney on your side will improve your success substantially and here is why.
- Your case will get attention at the RAF because your attorney will demand it
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Your attorney will make sure you are not under compensated
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Your attorney will ensure your claim does not prescribe; that is, they will ensure the time period for bringing a claim does not lapse.
- You must submit a claim within three years of the motor vehicle accident if you know who was responsible.
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You must submit a claim within two years of the accident if you do not know who the responsible driver was, such as a hit-and-run accident.
- An experienced RAF attorney will be able to see any complications or problems and advise you accordingly
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You will get expert attention by professionals who are bound to do so by their profession
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An attorney will handle everything on your behalf, taking away the stress of dealing with the RAF and making sure you get the best possible outcome for your case.
This includes:
- Investigating the case thoroughly
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Assessing which evidence will help or hinder your case
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Referring you for the right medical assessments
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Obtaining hospital and police records on your behalf
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Preparing the affidavit required by the RAF explaining what happened
And it won’t cost you an arm and a leg either. Most RAF attorneys will take on an RAF claim on a contingency basis which means you don’t pay any legal fees unless they win your case.
Lodge a claim against the RAF here
How to make a claim with an RAF Attorney:
You have decided to make the claim through an attorney what now?
Step 1: Research the best attorney for you
When deciding on the best attorney for your case it is important to find a qualified attorney who has specialised RAF claims experience. As you know, the process of making an RAF claim is not a simple one, so you need to investigate hiring a professional attorney and you need to do it carefully. Here is what you need to look out for:
RAF claims experience
Make sure that the person you choose is an expert in RAF claims. The last thing you want is an attorney who does not understand the intricacies of making an RAF claim. Ask them how many cases they have made and how many of those claims resulted in successful payouts.
Do they come recommended?
Don’t take their word for it, ask to speak to some of their clients, look for any reviews about the attorney online or if you know someone who got a payout, ask them to recommend the attorney they used.
Are they licensed and ethical?
Make sure that the law firm you use is properly licensed and registered with a history of practicing law in South Africa and practicing it ethically. It is important to work with an attorney that is professional, ethical and at the top of the personal injury and RAF claims field.
What is their fee?
Most attorneys work on contingency when it comes to RAF claims, this means they get paid only if they win. If the attorney, you consult doesn’t work on a contingency basis then look elsewhere. At the same time, ask your attorney to clarify exactly how much their fee will be once your claim is settled. Double check this with another attorney or call the law society of South Africa to check that you are not being overcharged.
Step 2: Meet with your Attorney
In the first consultation with your Attorney you will need to provide all the details of your case, so they are fully informed about the accident, injuries and state of your situation. Do not leave anything out and provide all the evidence you have such as medical documents, invoices, witness information that you took at the scene, details of the accident from your perspective and so on.
Step 3: Preparing the claim forms
Your attorney will make sure he/she has all the necessary evidence required for your claim such as medical records, police reports and witness statements, invoices and statements of your injuries and any other information needed to support your claim. He/she will then prepare all the RAF claim forms on your behalf and submit them to the RAF.
From there the RAF has 120 days to examine your claim and assess the evidence. They could ask for further information or even ask you to go for further specialist medical assessments.
Step 4: Settlement or summons
When the 120-day period has gone by and your attorney hasn’t received a settlement offer from the RAF, then they will issue summons advising the RAF that they are taking your case to court. They will do so because the RAF must respond to a summons by either making an offer or deciding to defend itself in court. If you do get a settlement that is the best outcome and your attorney will proceed with the payment part of the process. But if you do not get a settlement offer then the case has to go to court which could drag on for months or even years.
How to check your road accident fund claim
You won’t have to check your RAF claim directly with the road accident fund because your attorney will do so for you. However, if for some reason you decide to go direct, you can check your RAF claim by calling the RAF call centre on 0860 23 55 23 or visiting the closest branch to you.
Step 5: Preparing to go to court
Once summons has been made, the RAF has some time to prepare what is called opposing counsel. This is basically their response in a legal document to the court which explains why they are opposing the claim. You are not really needed during this process, but your attorney may consult you about anything they submit for clarity. Before the appointed court date your attorney will prepare his/her arguments, consider case law and prepare witnesses - basically crossing the T’s and dotting the I’s for trial.
Step 6: Going to court at the allotted trial date
The trial date is the date you will appear with your attorney in front of a judge. The judge will listen to both arguments, hear from any witnesses, consider the evidence and then decide. The process could happen on more than one date depending on the complexity of the case, time availability and witnesses required. At the end of the trial the judge will decide. At this time the judge will most likely also award the damages – this is the compensation that must be paid to you by the RAF.
Step 7: How the payment works
You may ask how long does the Road Accident Fund take to pay out? Some cases have taken 180 days to payout and some have taken much longer. The problem is that it may take some time to get paid out by the RAF because there is currently a backlog of claims waiting to be paid. Even if this is the case, your attorney will make sure the RAF is liable for interest on those late payments. Your attorney will keep chasing to make sure the RAF pays what it is owed to you.
Step 8: Finalisation of your claim
Once your claim has been paid over to your attorney, they will finalise the amount to be paid over to you, minus their fees. They will also send you a copy of the bill of costs which is a document detailing what was claimed from the RAF.
It is important to know that if you are to be paid for future medical expenses the RAF will not pay you out for these until you actually incur these costs. You will get an undertaking from the RAF, through your attorney, to pay these costs later. You are required to submit proof of medical invoices before the RAF will pay out these costs.
In summary, as you can see from the process involved it is important upfront to make sure that you have all your ducks in a row before instituting a claim. You have one shot to make a claim to the RAF count, by attempting to do it on your own you could land up getting way less than you deserve.
If you need a Professional Road Accident Fund attorney firm to fight your case for you at a no win, no fee basis then click here.