Are YOU eligible to claim from the Road Accident Fund?
Our daily newspapers, TV screens and social media pages are filled with stories of how people have been seriously injured in motor vehicle accidents on South African roads. Many people do not know if they are eligible to claim and how to go about claiming from the RAF (Road Accident Fund).
We asked Niehaus McMahon Attorneys, the foremost Road Accident Fund and Personal Injury Attorneys in East London, what YOU need to know if you or a loved one has been seriously injured in a car accident on South African roads.
Who can claim?
It is important to understand that not everyone is eligible to claim from the RAF. Here are the guidelines of who is eligible to claim:
- The RAF covers claims for pedestrians, passengers and drivers who have been involved in motor vehicle accidents.
- The driver of a motor vehicle can claim when another driver has contributed to the accident or when an unidentified driver and motor vehicle have caused the accident and/or injury.
Will all injuries qualify for claims?
Not all injuries qualify for a claim from the RAF. It is in your best interest that you speak to a legal representative who will advise you if you are eligible to claim. Only serious injuries will quality for claims where:
- an individual has been assessed for Whole Person Impairment (permanent impairment of any body part, system or function to the extent that it permanently impairs you as a whole person).
- an individual has been assessed under the Narrative Test (serious long-term impairment or loss of bodily function, permanent serious disfigurement, severe long-term mental or or severe long term behavioural disturbance or disorder, or loss of a foetus), for permanent disability.
- an accident has resulted in the death of a person, a claim for loss of support from a husband/wife and other dependents can be claimed.
Remember, any claim can only be filed against the Road Accident Fund. The RAF is a governmental agency and as such, will try to ensure that they payout as little as possible. To ensure you receive the maximum compensation due to you for your particular injury, is highly recommended that you engage the services of a legal firm who will work to make sure that your claim is managed to take care of your best interests.
What can you claim?
Here are some guidelines as to what you may claim if you are assessed to be eligible to claim against the Road Accident Fund:
- General Damages i.e. Pain & suffering and loss of amenities of life.
- Hospital and medial expenses incurred.
- Future medical expenses as assessed by Medical Practitioners.
- Past and future loss of support for dependents in the case of the death of the breadwinner.
- Past and future loss of earnings arising from complications for injuries preventing you from continuing with your employment as was the case before the accident.
Time Limits
There are time limits in which your claim must be filed with the Road Accident Fund:
- A claim with all complaint documents must be be filed with the RAF within three (3) years from the date of accident, where the name of the other driver or vehicle is known;
- A claim with all compliant documents must be filed with the RAF within two (2) years from the date of the accident, where the name of the other driver or vehicle is unknown.
- Litigation must be instituted (Summons served in the High Court) within five (5) years of the accident.
How quickly can your claim be finalised?
There is no quick fix to the claiming and settlement process. All seriously injured parties will require a lengthy period of recuperation of at least 9 months. A great variety of medical reports and other expert reports will be essential to effectively establish the full extent of your injury and compensation to be claimed.
If any person offers you a quick settlement and a loan to conduct your claim, then know there is something wrong.
Want to speak to someone who can assist you?
Legal experts at the office of Niehaus McMahon Inc. have been specialising in these claims for more than 40 years and will assure that you receive the compensation to which you are entitled.
If you believe you or someone you know may be eligible to claim agains the Road Accident Fund, contact them to find out if you qualify. Niehaus McMahon Attorneys – Peace of mind with the right people.