The Road Accident Fund (“RAF”) is a statutory body that, in terms of the Road Accident Fund Act, 1996 (Act 56 of 1996); the Fund serves to compensate all persons within South Africa for loss or damage resulting from death or bodily injury caused by the negligent driving of motor vehicles within South Africa.
Who is entitled to make a claim?
- An injured person (except where the injured person is 100% to blame for the accident), or a dependent of a deceased person (except where the deceased person is 100% to blame for the accident).
- A close relative of the deceased in respect of funeral expenses.
- A parent or legal guardian of a minor child.
- A foster parent in respect of past medical expenses incurred by him/her.
- An executor of the deceased’s estate.
- A curator ad litem.
What can you claim for?
- Past and future hospital and medical expenses.
- Past and future loss of income or earnings.
- Past and future loss of support for a dependent of a deceased victim.
- General damages for pain, suffering and disfigurement in the case of bodily injury. (This is determined after examining the extent and severity of the injury). In respect of claims arising on or after 1 August 2008 general damages are only paid for serious injury.
- Necessary funeral costs.
How can you claim?
- The claim must be lodged within 3 years from the date in which the claim arose.
- The claim must be made on the prescribed form, which is available at the Road accident fund offices.
What qualifies for an RAF payout to a claim:
- Wrongdoing on the road
- Needs to be a serious injury, assessed at a medical level to be at least 30 percent of your bodily impairment.
- Loss of life.