Road Accident Fund (RAF)

The Fund, which is a de facto insurer, compensates those who are seriously injured in road accidents that they were not solely responsible for causing. The Road Accident Fund is financed by collecting a small percentage on top of all the petrol and diesel purchased in South Africa and this is used to finance the state supported Road Accident Fund.

There are three main forms that need to be filled out and submitted to the Road accident fund for you to start a personal injury claim for injuries suffered in a Road traffic accident.

1. RAF 1 form

RAF 1 form asks for the basic information about the claimant, details of the vehicles and the other people involved in the road accident. A detailed description of the events leading up to and including the road traffic accident should be included. The RAF 1 form also asks for the amount that is being claimed and a medical report from the claimant’s doctor or consultant. All claims to the fund need this form.

2. RAF 3 form

This is a statutory form which includes an accident report and the statements of any witnesses to the road traffic accident.

3. RAF 4 form (Serious Injury Assessment Report)

This report confirms that the injury is serious enough to warrant the award of compensation to the injured claimant. This report needs to be backed up with medical reports, receipts, financial statements as well as any other documents that support the claim.

This sounds all too easy and you can make a direct claim but you must remember that the Road accident fund is not on your side and any error or omission in submitting your claim may well count against you in reducing your compensation and may in some cases invalidate your claim.

As your Road accident fund attorney we are able to assess your claim, we can ensure that it is submitted with the appropriate supporting documentation, we are able to advise you as to whether you should accept any settlement offer from the RAF and, if necessary, we can guide you through the appeals process. Do not forget we work on a No Win No Fee basis so do not hesitate and contact us now on 087 550 8099.

If a breadwinner in your family is killed in a road traffic accident, you can claim for their loss of support and their funeral costs. Remember that “a breadwinner” does not necessarily mean the leading breadwinner. A House hold or family often has more than one breadwinner. Generally all victims of road traffic accidents can claim compensation for their medical expenses, their loss of earnings and, in some cases that involve serious injury, general damages for pain and suffering.

Any claim has to be lodged within three years from the date of accident, with an exception when the identity of the driver or owner of the vehicle who was involved in the road traffic accident is unknown then it is two years.