Road Accident Fund claim
What is a Road Accident Fund 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 to themselves, or bodily injury or death of another as a result of a motor vehicle collision.
The following persons will be entitled to claim from the RAF
- A person who was personally injured (except a driver whose negligence was the sole cause of the accident) including a claimant under the age of 18 years, provided he is assisted by a parent or legal guardian
- A dependant of a deceased victim
A representative of the estate of a deceased or a close relation in respect of funeral expenses
This includes:
- Drivers
- Passengers
- Pedestrians
- Cyclists
- Motorcyclists
- Pillion passengers on a motorcycle
- A dependent of a deceased breadwinner
- A person who paid for funeral expenses
Any person under the age of 18 must be assisted by a parent, legal guardian or curator ad litem.
What types of damages may be claimed?
The third party/claimant may only claim damages which arose from bodily injury or death.
Examples of categories of damages that arose from bodily injuries are:
- Past & future medical & hospital expenses.
- Past & future loss of earnings
- Past & future travelling expenses to obtain essential medical treatment.
- The cost of medical treatment and medication.
- The cost of employing domestic servants, nurses or assistants as a result of the injury sustained.
- 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).
What are the costs involved?
As a an added advantage to our clients we act on a “ no win no pay” basis.
Mohlobuli T Attorneys know and understand that most people don’t have large amounts of funds to pay attorneys to lodge a claim against the Road Accident Fund. Therefore, we will proceed with our clients’ claims on a contingency fee basis.
This means that we will submit your claim and carry the necessary expenses ourselves, while only claiming a fee from the pay out of your finalized claim. This type of fee agreement is perfectly legal and is regulated by the Contingency Fee act for your protection and peace of mind that you won’t be overcharged.
Mohlobuli T Attorneys are ready to assist you. Anyone involved in a motor vehicle accident are welcome to contact us, via the details on this website, to arrange a free consultation during which one of our friendly and experienced attorneys will discuss whether or not you qualify for compensation.