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). The object of the RAF is to ‘pay compensation in accordance with applicable legislations for personal loss or damage wrongfully caused by the driving of a motor vehicle.’
Claiming from the Road Accident Fund is quite an involved process fraught with technical and legal hurdles. Easily manoeuvring these requires the assistance of experienced legal practitioners who have handled similar claims before. Not only is it a matter of ensuring that the claim is properly lodged, but also about knowing what to claim. In this article we will provide a brief overview of the different categories under which one may claim should they suffer injuries from a road accident within the borders of South Africa.
Past and future loss of earnings
This is a claim where one seeks compensation for actual loss of income in the past and an estimate of the future loss in earnings. It incorporates instances where one is on unpaid sick leave due to their inability to work whilst recovering from injuries sustained in a road accident. An estimate of future loss of income and/or earning capacity may be based on the inability to work due to the injuries.
Loss of support
This claim can be lodged by dependants where the deceased was the main bread winner and owed the claimants a duty of support recognised at law. However, it must be noted that the accident must not have been solely caused by the deceased.
These are necessary expenses attendant to the funeral and burial processes of the deceased. They must be actual expenses and the RAF requires adequate proof ( e.g invoices) to be submitted together with the claim forms.
Past and future medical expenses
This claim is for medical expenses attendant to injuries suffered as a result of a road accident. Surgical and non-surgical medical expenses may be claimed, provided that they are necessary and as per the reliable advice of medical practitioners.
This is a claim for pain and suffering attendant to serious injuries (set criteria) sustained from a road accident. This may also cover where the claimant has suffered disfigurement or loss of a bodily function due to a road accident.
At Van Deventer and Van Deventer Incorporated we assist with road accident fund claims and personal injury claims amongst a wide array of other services. Our approach is professional and committed.
Contact us for comprehensive assistance.
The information contained in this site is provided for informational purposes only, and should not be construed as legal advice on any subject matter. One should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice. The contents of this site contain general information and may not reflect current legal developments or address one’s peculiar situation. We disclaim all liability for actions one may take or fail to take based on any content on this site.
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