RAF Claims

ROAD ACCIDENT FUND CLAIMS

RAF CLAIMS & ALL OTHER PERSONAL INJURY CLAIMS
Some important information about the Road Accident Fund Claims
WHAT IS A THIRD PARTY CLAIM?
A Road Accident Fund claim, also known as a third party claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury, or death as a result of a motor vehicle collision. Parties which can claim are:

1. A party who sustains bodily injuries in a Motor Vehicle Accident.
2. When a breadwinner of a family is killed then the widow and the children are the persons who suffered damage by way of the loss of support of the breadwinner.
3. Where a minor is injured and has to receive medical treatment. In this case the parent would be the claimant in respect of the medical cost incurred because they are the person who had to pay for such costs and therefore has suffered damages

WHAT IS THE ROAD ACCIDENT FUND?

The Road Accident Fund is a statutory body established by law to administer the system of compensation for damages suffered due to bodily injury or death caused by the negligent driving of a motor vehicle.

WHERE DOES THE ROAD ACCIDENT FUND GET ITS MONEY?
The Road Accident Fund is financed by a levy on all fuel consumed. The proceeds of this levy is paid into the Road Accident Fund.

WHO MAY CLAIM AGAINST THE ROAD ACCIDENT FUND?
Any person who has suffered damage owing to bodily injury to him or herself or to the death or bodily injury of someone else, may claim compensation provided the following can be established.

1. That their damages were caused by the driving of a motor vehicle.
2. That such motor vehicle was negligently driven.
3. That the bodily injury or death resulted from a motor vehicle collision.

EXAMPLES OF PEOPLE WHO MAY CLAIM ARE:
1. Pedestrian negligently knocked down by a motorist.
2. Passenger in a motor vehicle negligently driven.
3. Passenger or driver in a motor vehicle struck by another vehicle which was negligently driven.

Note: A person who is solely responsible for their own injury does not have a claim, however a person whose injuries were caused partly by his own fault and partly by the fault of another motorist is entitled to compensation.

CLAIMS MUST BE LODGED WITH THE RAF
Unidentified claims in which neither the owner or driver can be identified can still be instituted against the Road Accident Fund subject to certain restrictions.

WHAT TYPE OF DAMAGES MAY BE CLAIMED?
The third party/claimant may only claim damages which arose from bodily injury.
1. Examples of categories of damages that arose from bodily injuries are:
2. Past & future medical & hospital expenses.
3. Past & future loss of earnings
4. Past & future travelling expenses to obtain essential medical treatment.
5. The cost of medical treatment and medication.
6. The cost of employing domestic servants, nurses or assistants as a result of the injury sustained.
7. General damages (an amount for pain, suffering, inconvenience, disfigurement and loss of the amenities of life).

Examples of categories of damages arising from death:

Loss of maintenance or support.
Funeral costs (limited).

Note: Damage to property for example to a vehicle and clothing cannot be claimed from the Road Accident Fund and has to be claimed directly from the wrongdoer. A consultation with us as soon as possible after the accident is strongly recommended. This allows the claimant to receive advice on all aspects relating to a possible claim and to enable us to begin the necessary preparatory investigations and comply with any requirements as soon as possible.