RAF Claims 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.
The following persons will be entitled to claim from the RAF
- A person who was personally injured (except a driver whose negligence was the sole cause of the accident) including a claimant under the age of 18 years, provided he is assisted by a parent or legal guardian
- A dependant of a deceased victim
- A representative of the estate of a deceased or a close relation in respect of funeral expenses
What you can claim from the Road Accident Fund
The Road Accident Fund provides compensation for:
- medical expenses that result from a motor vehicle accident
- funeral expenses in the case of a death caused by an accident
- general damages for pain and suffering, provided you suffered a serious injury (as determined with reference to set criteria), have lost an unborn child or have sustained serious disfigurement, mental impairment or the loss of a bodily function
- lost earnings, if you were unable to work as a result of an accident
- loss of support, if a household’s main income provider was killed in a road accident that resulted from someone else’s negligence.
Who can claim from the Road Accident Fund
Drivers, passengers, pedestrians, cyclists and motorcyclists can all claim from the Road Accident Fund, as long as they were not entirely responsible for the accident.
The fund provides cover for both South Africans and foreigners involved in accidents on South African roads.
You can claim from the RAF if:
- you were injured in an accident and were not the driver solely responsible for the accident
- you’re the driver responsible for the accident but not the owner of the vehicle, and the accident was a result of the owner’s negligence (for example, because the owner failed to replace worn brake pads on the vehicle)
- you’re a child, spouse or other person who was dependent on the income of a person killed in an accident; for more information
- you’re a close relative of the deceased and paid for this person’s funeral.
You cannot claim from the RAF if:
- you were the driver and are the owner of the vehicle solely responsible for the accident
- you were the only person involved in the accident (for example, you were injured because you crashed your vehicle into a tree or other obstacle, and nothing else, such as badly maintained roads, contributed to the accident).