Claiming From the Road Accident Fund

• claiming from the RAF is a complicated and technical process;

• medical reports (RAF 1 and RAF 4) need to be completed by doctors, and paid for; • documents need to be obtained from the South African Police Service, and paid for;

• an affidavit explaining how the accident took place must be prepared and lodged with your claim;

• medical records need to be obtained from hospitals and doctors, and paid for;

• you need to quantify your claim – that is state in your claim form what you are claiming for various heads of damages such as pain and suffering, loss of amenities of life, disfigurement, disability and shock (general damages), loss of income, loss of earning capacity, future medical costs and past expenses (special damages);

to claim general damages for pain and suffering, loss of amenities of life, disability, disfigurement and shock you need to lodge a serious injury assessment report (RAF 4) from a suitably qualified medical expert who has assessed your injury as ‘serious’ as provided for in the Act and Regulations. An attorney specialising in personal injury claims has the knowledge and experience to assist you and to ensure that your claim is properly calculated and submitted to the RAF in accordance with the Act and Regulations.

There are time limits that apply to your claim and if they are not complied with your claim will be unenforceable (prescribed). Many attorneys specialising in personal injury cases will also incur and carry the costs necessary to prosecute your claim pending finalisation of the claim. If your attorney does not attend to your claim properly, allows your claim to prescribe or under-claims, you can complain to the relevant provincial law society and/or sue your attorney. If you claim yourself and make a mistake and allow your claim to lapse, the RAF will not pay you and you will not receive any compensation.

An attorney specialising in personal injury will have the knowledge and experience to advise you whether the amount offered by the RAF to settle your claim is fair and reasonable in the circumstances of your particular case.