The general principles of the Road Accident Fund

19 Jan 2023

The Road Accident Fund is a public entity set up to compensate persons who were seriously injured in motor vehicle accidents. In terms of section 3 of the Road Accident Fund 1996 (Act No. 56 of 1996), “the object of the Road Accident Fund shall be the payment of the compensation in accordance with this Act for loss or damage wrongfully caused by the driving of a motor vehicle.”

Who may claim?  

The following persons are entitled to make a claim:

• 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 – who must be assisted by a parent, legal guardian, or a legal representative.

What can you claim?  

The Road Accident Fund provides compensation for:

• Past hospital and medical expenses;
• Future hospital and medical expenses;
• Past loss of earnings;
• Loss of future earnings and loss of support; and
• General damages / non-pecuniary loss.

A claimant will only be compensated for general damages if the injuries sustained by the claimant are “serious”. To prove that an injury is serious, a claimant must prove –

• There is a 30% or more “whole person impairment” (WPI) for the injuries; or
• If the injuries do not result in a 30% or more WPI, then general damages may still be claimed if the injuries fall within what is known as the “narrative test”, i.e. the injury –
  • resulted in a serious long-term impairment or loss of body function;
  • resulted in the loss of a foetus;
  • constitutes permanent serious disfigurement; or
  • resulted in severe long-term mental or behavioural disturbance or disorder.

When do you need to submit your claim? 

Identified claims (where the identity of the driver or owner of the guilty motor vehicle is known) must be lodged with the Road Accident Fund within three years from the date of the accident and finalised within five years from the date of the accident.

Hit and run claims (i.e. where the identity of the driver or owner of the guilty motor vehicle is unknown) must be lodged with the Road Accident Fund within two years from the date of the accident and must be finalised within five years from the date of accident.

Conclusion 

Claiming from the Road Accident Fund is a complex, challenging and time-consuming process. Although it is possible for a claimant to claim from the Road Accident Fund directly, it has been proven time and again that claimants with suitable legal representation have more success. Those claimants with legal assistance tend to receive higher compensation than those who claim directly. Furthermore, an attorney can assist you in ensuring that your claim is properly quantified and submitted to the Road Accident Fund in accordance with the rules and regulations.

Contact an attorney at SchoemanLaw for your legal needs!

See also:

• A reflection of loss of support between siblings in the context of a Road Accident Fund claim
• Road Accident Fund adjusts claims limit
• RAF funeral claims: What funeral expenses you can claim and how to claim
• Reporting a motor vehicle collision online

(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)