It is absolutely necessary for anyone who operates a motor vehicle or uses public roads to be familiar with the Road Accident Fund (RAF). It is in everyone’s best interest, including your own and that of your family and everyone else on the road, for you to obey the guidelines that govern road safety. Car crashes, on the other hand, do take place, and not everyone will be completely ready for them. Individuals who were badly hurt or otherwise influenced by a road crash that was not their fault are considered for financial coverage through the road accident fund, which is subsidized by the government of South Africa.
What Areas Do RAF Agents Cover?
The Road Accident Fund (RAF) is responsible for providing monetary compensation to individuals who have been injured or lost their lives as a result of accidents that were induced by cars while traveling on South African roads. The victims and their family members who’ve been severely impacted by physical injury and/or death can receive assistance with the financial strain caused by the RAF cover. It is possible for non-citizens who are currently present in the country to make use of the Road Accident Fund. It provides personal insurance coverage to accident victims and their families, as well as indemnity coverage for people who were the responsible for the incident and their families.
Who is Eligible to Claim?
You are eligible to file a claim with the RAF if you were not to blame in an accident that you were involved in, whether you were the driver, a passenger, a bike rider, a pedestrian, or a cyclist. Keep in mind that if you are injured in a collision on a road within South African borders, you have the right to file a claim, regardless of whether you are a South African citizen or a foreign national. You are eligible to file a claim with the RAF when any of the following situations apply to you:
- You were hurt in an accident that was not your fault, and you have no one else to blame but yourself.
- You are a friend or relative of an individual or individuals who passed away as the result of an accident.
- You were financially dependent on the deceased individual and were either their partner, child, or another relative; or the deceased individual was the only source of financial support for your family.
- You have the right to file a claim even if you were the driver who caused the accident but did not own the car that caused it if the accident was caused by an issue with the car, such as brake problems or another issue that was the outcome of the vehicle owner’s recklessness.
In the following cases, your claim will be rejected:
- You, as well as the operator of the car that was involved in the collision, are to blame for the collison.
- You were the sole person who was involved in the collision and who was affected by it. For instance, if you ran into something but the collision wasn’t caused by an obstruction in the road or other dangers on the road, you wouldn’t be liable for any damages.
How Exactly Does One Go About Filing a Claim With the RAF?
It is common knowledge that filing a claim with the RAF is a time-consuming and laborious procedure that can take a long time. Because of this, we strongly suggest that you hire an experienced lawyer who can guide you through the legal process and help you move things along at a slightly faster pace. In the absence of legal representation, the research may take several years, during which time you will be required to wait for your allegation to be approved.
You have three years from the date of the accident to file the claim, and you will need to have all of the paperwork that is required to justify your claim. An accident report, a police affidavit, a doctor’s document, eyewitness accounts, and other specifics and papers of the event such as harm caused to the car and findings of all injured persons are generally required, although the particular guidelines vary based on the nature of the accident and the position you are in.
When is It Appropriate to File a Claim With the Road Accident Fund?
To begin, it is essential that you get in touch with us as quickly as humanly possible after the accident. This gives us the best chance to examine your accident and obtain all of the relevant documentation for the road accident fund insurance claim, such as findings from the police and medical professionals. In addition, the passage of time makes it progressively more difficult to acquire the pertinent documents, which are frequently stored in the archives of organizations or become lost in the course of everyday life.
How Much Time Do You Have Before Your Claim Expires?
After the date of the accident, you have a period of three years during which you can submit a claim to the RAF. This period is reduced to two years if it is determined that one of the cars involved cannot be identified.
How Long Does the Process of Submitting a Claim Take?
The time allotment may change depending on the day that a trial date is scheduled. It is possible that it will take longer than three years before a payout is issued after a claim has been filed. On the other hand, we will make every effort to complete your road accident fund claim in the least amount of time possible. In addition, we are aware of the aggravation that the court system can cause, as well as the possibility that a person who has suffered serious injuries may be unable to work or may require medical attention that is not offered at public hospitals.
Is It Possible to File a Claim on Behalf of a Minor?
A claim for compensation from the road accident fund can be made on behalf of a minor by a parent until the age of 18. Once a minor reaches the age of 18, they have a period of three years to file a claim, unless any of the cars were unidentified, in which case the two-year prescription period still applies. It is essential to note that the two-year prescription period begins to count against a minor as of the date of the accident, and not as of the date the minor turns 18 when the car cannot be identified. More information regarding the Road Accident Fund Process can be found on this page.
Summary
The RAF of South Africa is a form of mandatory coverage for survivors who were involved in crashes while they were driving on public roads. You have the right to file a claim for compensation if you have been the victim of a traffic collision or if a member of your family has been killed in an accident.
This compensation can be used to pay for medical costs, aid for a reliant victim who has died (if they’re the only source of income), consequential damages for grievous bodily physical and emotional pain, and any required funeral costs. As you’ve seen, there is hope and assistance available to individuals who have been injured in collisions but don’t have insurance. Even though the RAF is an ideal solution, it does not cover the expense of harm caused to your car; rather, it only pays for medical expenses in the event of a personal injury or death.