Legal Articles

How to Claim from the Road Accident Fund in South Africa

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.

What Can You Claim From RAF

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).

Why Choosing to "Save" on Legal Fees Won't Serve You - RAF Claims

Claiming from the Road Accident Fund (RAF) is a process fraught with several legal and technical considerations. Aspects related to prescription, the accurate completion of claim forms, the provision of medical and expert records as well as claiming the right amount, become important as they directly affect the prospects of a claim.

Calculation of Annual Loss as per the Road Accident Fund Amendment Act

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.

Effect of the Road Accident Fund Amendment Act 19 of 2005

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.

RAF Claim Process - 3 Big Reasons Why It Was Rejected

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.

Why you need to use a Road Accident Fund Attorney to claim from the RAF

While it is possible for a claimant to claim directly from the Road Accident Fund on their own, using an attorney has advantages that far outweigh trying to claim on your own.

In most instances the reason why claimants choose to try and claim alone is to avoid paying substantial amounts in fees to the attorney. However, this article will attempt to weigh up the benefits of using an attorney in claiming from the Road Accident Fund as opposed to a claimant trying to claim alone.

How to Successfully Claim from the Road Accident Fund

It is not all Road Accident Fund claims that are successful, owing to shortfalls in the technical and legal aspects pertaining to the lodged claims. This happens mostly because many claimants will be lost in the excitement of anticipating a lump sum and not putting pen to paper on the important aspects and requirements that must be satisfied before lodging a claim.