Claims

What can you claim for?

There are Four heads of damages one can claim from the Road Accident Fund when a collision occurs which we provide further details thereof below:

1. Past Medical Expenses

These are damages which encompass medical expenses incurred by you or your medical aid for the emergency, non-emergency and rehabilitation costs incurred from the date of the collision to the date of finalization of your claim.

2. Future Medical Expenses

These are damages referring to medical expenses still to be incurred for the remainder of your natural life such as: future hospitalization for potential surgeries and/or other health care, medical and domestic carers, house and vehicle adaptations and all associated devices or medical supplies required, including pharmaceutical requirements.

3. General Damages

These are damages which can shortly be defined as a globular monetary award for your pain and suffering as well as loss of amenities of life.

4. Past and Future Loss of Earnings

These damages are broken up into two sections the first of which is your past loss of earnings and the second being your future loss of earnings and/or loss of earning capacity as a result of being unemployable or becoming less competitive in the open labour market due to the injuries suffered.

Who can Claim?

Anyone who is injured or suffers a patrimonial loss due to a collision which occurs on South Africa roads in the capacities listed below can claim from the Road Accident Fund:

Drivers

Passengers

Pedestrians

Motorcyclists

Cyclists

Dependents of a Deceased Breadwinner

ROAD ACCIDENT FUND CLAIMS (RAF)

A third party claim is a claim for compensation resulting from personal injury to or the death of a person, eg. the death of a breadwinner, in a motor vehicle accident. Such a claim will lie against the RAF, a statutory body. A third party claim only relates to bodily injuries, and accordingly no claim for damage to a motor vehicle or other assets can be claimed from the RAF.

How long do I have to claim?

Identified claims (claims where the identity of the driver/s or owner/s of the guilty motor vehicle/s is/are known) must be lodged with the Fund within three (3) years from the date the collision occurred.

However, hit & run claims (claims where the identity of the driver/s or owner/s of the guilty motor vehicle is unknown) must be lodged with the Fund within two (2) years from the date the collision occurred.