Road Accident Fund

Road Accident Fund claims, previously known as “Third Party Claims”, are personal injury claims arising out motor vehicle accidents.  The Road accident Fund is a form of social and public insurance for everyone injured by the negligent driving of another.

A portion of the price per litre of petrol is paid towards the Road Accident Fund in the form of an insurance payment. This insurance serves to protect both the injured party and the negligent driver who caused the injuries and ensures that the injured party will receive compensation irrespective of whether the negligent driver is rich or poor, insured or uninsured.

In terms of Section 17 of the Road Accident Fund Act:

“The Fund or an agent shall...be obliged to compensate [you] for any loss or damage which [you have] suffered as a result of any bodily injury to [yourself] or the death of or any bodily injury to any other person, caused by or arising from the driving of a motor vehicle by any person [other than you] at any place within the Republic, if the injury or death is due to the negligence or other wrongful act of the driver or of the owner of the motor vehicle [other than you] or of his or her employee in the performance of the employee's duties as employee.”

The basic elements of a claim are:

  • Compensation for Loss or Damage, due to
  • Bodily Injury or Death,
  • Caused by or arising out of the driving of a motor vehicle,
  • If due to the negligence or other wrongful act of the driver or of the owner of the vehicle.

For a detailed discussion of the basics of a claim against the RAF click here

Changes to Compensation for Loss or Damage
On 31/7/2008 the Road Accident Fund legislation was amended to limit the amount of damages recoverable by an injured party. The extent of the recoverable damages under this new legislation is set out below.

For damages recoverable from claims arising from accidents which happened before 31/7/2008 see Personal Injury.

INJURY CLAIMS
General Damages
General damages are payable only to claimants who have suffered serious injuries. Serious injuries are those which result in a whole body impairment of 30% or more. As you can imagine, you need to be pretty seriously injured to recover the lump sum for pain and suffering and changes to life and lifestyle. For a more detailed discussion on General Damages see Personal Injury.

Medical Expenses
Medical expenses are payable at the rate charged by the medical service provider only while you receive emergency treatment. After that you will be able to recover only public healthcare tariffs in respect of medical expenses incurred. The amounts recoverable are somewhat less than the full amount that you paid your doctor and/or hospital. (The tariffs recoverable are listed at www.raf.co.za (see RAF Amendment Act – Government Gazette 8927 parts 1 – 4).)

Future Medical Expenses
In the event that you obtain medico-legal opinion that you will incur expenses related to your injuries sustained in the collision, the RAF will provide you with a certificate to cover these future expenses. The same tariffs, as discussed in Medical Expenses above, will apply to the undertaking.
For a more detailed discussion on Future Medical Expenses see Personal Injury

Loss of income Past and Future
Loss of income is recoverable, but limited to R194 043.00 per year. This amount is revised with inflation by the minister of transport every quarter.  If your loss of income amounts to more than R194 043.00 per year and you are totally permanently disabled, you will not be able to recover the balance of your loss from the Road Accident Fund.

For a detailed discussion on Loss of Income see Personal Injury

DEATH CLAIMS
Loss of Support
In the event of death of a breadwinner, the claims of the dependents shall, combined, be limited to a total proportional loss of R194 043.00 per year. If your family’s total loss of support amounts to more than R194 043.00 per year, you will not be able to recover the balance of your loss from the Road Accident Fund. For a detailed discussion on Loss of Support claims see Death Claims.

No claim against the Wrongdoer
Even though the changes to the RAF act have resulted a large amount of personal injury that will not be claimable from the RAF, the balance of your loss is not claimable from the negligent driver that caused you harm.

HOW LONG DO I HAVE TO CLAIM?

Contact Details

Phone Phone: (012) 809 1588
Fax Fax: (0) 86 603 0097
WWW Link Website: www.claims4u.co.za
Email Email:info@claims4u.co.za
Address: Block 2, Lombardy Business Park,
Cnr Cole & Graham Rds, Lombardy , Pretoria