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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 RAF pay me before Christmas?”

Of course, the post was meant as a joke but it attracted less humour chiefly because road accidents often result in loss of lives, damages, court lawsuits and life-threatening injuries. Many people will not find it humorous especially with some having lost their loved ones due to road accidents.

One obvious thing to pick however, is that there is awareness in the public about the Road Accident Fund as an institution and the work it does. Regardless, what may be less known is that not everyone can claim from the RAF.

As a point of departure, the Road Accident Fund (RAF) is a creature of statute being the Road Accident Fund Act 56 of 1996 (as amended) (the Act), set up with a clear objective/mandate. Section 3 of the Act provides that the objective shall be the payment of compensation in accordance with the Act for loss or damage wrongfully caused by the driving of motor vehicles.

The Act then provides in section 17 circumstances under which the RAF will be liable. This is crucial whenever persons decide to lodge a claim with the RAF.

Who can Claim from the Road Accident Fund?

Persons who may claim from the Road Accident Fund are the following:

• A person who sustained a bodily injury in the accident (except a driver who was the sole cause of the accident);
• A dependent of a deceased breadwinner;
• A close relative of the deceased who paid for​ the funeral; and
• A claimant under the age of 18 years must be assisted by a parent, legal guardian or curator ad litem.

In the event that the claimant was the sole cause of the accident, then the liability of RAF will find no premise. This effectively means RAF will not compensate a claimant if they are the one who was entirely responsible for the accident. Where the claimant is partly responsible for the accident, then a limitation (apportionment) will apply on the claim.

The liability of RAF is also limited where the claimant was the only person involved in the accident e.g crashed into a tree and other factors were not at play such as potholes etc.   

Van Deventer & Van Deventer Inc. - Road Accident Fund Attorneys Johannesburg & Cape Town

At Van Deventer & Van Deventer Incorporated, we assist with Road Accident Fund claims amongst an array of other matters. Our approach is professional and comprehensive.

Contact us for committed assistance.

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