Road Accident Fund Claims
Thousands of South Africans have been compensated for loss or damages caused by unfortunate motor vehicle accidents. However, certain documents are required, and must be submitted in order for RAF claims to be successful.
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The Road Accident Fund (RAF) is a creature of statute being the Road Accident Fund Act 56 of 1996 [as amended] (hereinafter referred to as the Act).
Towards the end of November last year, someone randomly posted on the popular social media platform Facebook the following, “Guys please advise me, if a car hits me later today when I walk to the football game, will Road Accident Fund pay me before Christmas?”
Among the changes brought by the Road Accident Fund Amendment Act 19 of 2005 (Amendment Act) was the limitation of loss of income and support claims to R160 000 per annum, regardless of the actual loss (inflation adjusted). This is applicable in respect of claims arising out of accidents that happened after 1 August 2008.
The Road Accident Fund Amendment Act 19 of 2005 introduced some significant changes with regards to claiming from the Road Accident Fund (RAF) e.g who can claim, what to claim and how much. The main reasons why the Amendment Act was promulgated were to ensure the financial stability of the Road Accident Fund, accessibility as well as simplify the claims procedure.
Thousands of claims are lodged with the Road Accident Fund each year and while many of them do actually get paid out, a good number do not. Various reasons owe to this phenomena and despite efforts by the Road Accident Fund to conduct public awareness and road shows to educate the public, many claims still get rejected due to not meeting the requirements.
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