FAQs: How to claim from the Road Accident Fund in South Africa?
We’ve got all the answers and contact information you’ll need if you want to claim from the Road Accident Fund in South Africa.
Before we get into details about how to claim from the Road Accident Fund in South Africa, it’s worth understanding what the Road Accident Fund (RAF) is exactly. The amended RAF Act provides government financial support for any loss or damage caused by the negligent driving on South African roads.
Essentially, if you’ve been involved in any sort of accident on South African roads and sustained loss, damage or person injury due to negligence of another, you have a rightful claim with the Road Accident Fund in South Africa.
ROAD ACCIDENT FUND IN SOUTH AFRICA
As we know all too well, the law and justice are sadly not the same thing in South Africa. And having a legal right versus actually winning a claim are two very different things. So, if you want to succeed with your claim from the Road Accident Fund in South Africa, here’s what you need to do …
According to the Road Accident Fund in South Africa, step one is gathering any and all information you can. This might take a long time and be a document-heavy process, but without the following your claim will be denied. There are several categories to reference below:
1. INJURY CLAIM
If you were injured in an accident and wish to claim from the Road Accident Fund in South Africa you will have to produce the following (links to relevant forms appear at the end of the article):
- Official Accident Report Docket and sketch plan.
- Statutory Medical Report.
- Photographs of injuries or scarring.
- RAF 4 form for serious injury report.
- Copies of all Hospital & Medical Records.
- Amount Claimed as Compensation.
- Certified copy of Claimant’s ID
- Certified copy of Injured Identity Document.
- Consent for RAF to obtain and inspect hospital and medical.
- Consent for RAF to obtain and inspect financial and earnings information.
2. IF CLAIMING FOR A MINOR
If a minor is being represented by their parent/guardian you will need the following:
- A Court Order or Masters’ letter of appointment (if the legal guardian claiming on behalf of minor).
- Unabridged birth certificate.
- Power of Attorney (if being represented by an attorney)
- Contingency fee agreement (if being represented by an attorney)
3. CLAIMING FOR LOSS OF EARNINGS
If you’re claiming from the Road Accident Fund in South Africa for a loss of earnings due to an incident, you must produce:
- An RAF 4 Form with your Employer’s certificate proving your employment, period of service and remuneration.
- Proof of income like tax records or a bank statement for three years preceding accident. Payslips pre- and post-accident.
- Any Academic or Medical reports establishing a claimant’s temporary/permanent disability.
- Tax invoice from a registered medical provider/or hospital for past medical expenses Proof of payment of medical expenses.
SUBMITTING YOUR CLAIM TO THE RAF
Gathering and making sure all the above information is admissible is a difficult process and we recommend engaging with a lawyer or attorney in this regard if possible. Your claim to the Road Accident Fund in South Africa must be filed correctly.
Make sure you have copies of all relevant paperwork, in the event of an administration error. Once the claim is processed, the legal proceedings will then begin and only then will claimants’ evidence be considered by the Road Accident Fund in South Africa. As part of the process, the RAF will determine whether the claim is valid and what the merits of the case are.
The ‘merits’ above refers to fault, blame or negligence to be ascribed to the drivers of the vehicles and the claimant respectively. If a submission is incomplete, the RAF will object to the validity of the claim at the pre-assessment stage and return documents for the claimant to resubmit.
LINKS TO RAF FORMS
- RAF 4 SERIOUS INJURY ASSESSMENT
- RAF 3 ACCIDENT REPORT FORM
- RAF 2 SUPPLIER CLAIM FORM
- RAF 1 3RD PARTY CLAIM FORM
This article is for informational purposes only and should not be construed as legal advice on the Road Accident Fund in South Africa. For further details and advice on particular cases where you live, get in touch with Attorneys.co.za to find the best representation for you.