The Road Accident Fund (RAF) is a compulsory Indemnity Fund that provides cover to all road users in South Africa in the event of a road accident. The RAF provides financial assistance to people injured in road accidents or the dependents of people killed in road accidents caused by negligent driving. This means that even if the driver of the car doesn’t have insurance, people injured in the accident, or the loved ones of people killed in the accident, can receive payment from the fund to help pay medical expenses and to compensate for income that may have been lost as a result of the accident. Payouts from the RAF can make a dramatic difference to the lives of those injured by road accidents, and their families. Therefore, a suitably qualified attorney is crucial to achieving a fair RAF payout.
In an average year, 1.35 million people die on the world’s roads and another 50 million are seriously injured. In South Africa, 26 of every 100,000 people die on the roads – far higher than the global average of 18 per 100,000. Drivers, passengers, pedestrians, cyclists, and motorcyclists can all claim from the RAF, as long as they were not entirely responsible for the accident.
You can claim from the Road Accident Fund if:
- You were injured in an accident and were not the driver solely responsible for the accident.
- You’re the driver responsible for the accident but not the owner of the vehicle, and the accident was a result of the owner’s negligence.
- You’re a child, spouse, or other people who were dependent on the income of a person killed in an accident.
The payout for a valid RAF claim is influenced by a number of factors, such as the extent to which you are responsible for causing the accident; the nature and severity of your injuries; the expected short- and long-term consequences of your injuries. The Road Accident Fund requires that you submit a claim within three years of the motor vehicle accident if you know who was responsible. However, if you are not aware of who the responsible driver was, for example, in the case of a hit-and-run accident, you must submit your claim within two years of the accident.
To encourage an early settlement, the Road Accident Fund often makes an offer to the claimant. Although accepting an offer of compensation may seem preferable to waiting longer for compensation, the settlement may only be a percentage of what you could receive if you proceed with your claim. Having an experienced attorney by your side can guide you through the whole process and advise you on whether a proposal you receive is reasonable.
Article by Jean-Pierre van Zyl, Candidate Attorney at Rauch Gertenbach
