A reflection of loss of support between siblings in the context of a Road Accident Fund claim
30 Nov 2022
Dependent children have the right to claim for loss of support from the Road Accident Fund (RAF), provided that the parent passed away in or from a motor vehicle collision, which was not the parent’s fault. In other words, the collision must have been partly or entirely caused by the negligent driving of someone else
Parents can also claim for loss of support from the RAF following the passing of a child, provided the parents were indigent at the time of the collision. The test for indigency is to be in extreme need or want. It is therefore not sufficient that a parent lives on very little or nothing; the parent must be indigent, which is a step further.
This begs the question whether dependent siblings can have claims for loss of support against the RAF, following the death of a sibling who was supporting the other sibling or siblings at the time of the collision. We cannot ignore that South Africa is marred by children headed households in disadvantaged communities, where children (usually the older children) have the responsibility to support and maintain the family.
As the law stands, our common law would need to be developed or the Road Accident Act amended, to provide for such a claim. Until such time, siblings are unfortunately not entitled to claim from the RAF following the passing of a sibling who was supporting another sibling at the time of the collision.
See also:
- Festive season car crashes: Who can claim from the RAF?
- RAF funeral claims: What funeral expenses you can claim and how to claim
- Does the estate of a deceased grandparent have an obligation to support a grandchild?
- Road Accident Fund adjusts claims limit
- Unmarried partner gets maintenance – RAF claimant