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Newsletter - June 2019


- Featured article by LAWYERS-ONLINE.CO.ZA

Need help with a claim with the Road Accident Fund?

For many, the notion of getting into a car accident is one of life’s unpredictable anxieties that tickle in the back of your mind every time you turn on the ignition. Most motorists are insured for vehicle damage, but what about the ensuing medical expenses?

Not everyone is fortunate enough to have a fully comprehensive medical aid, let alone a hospital plan.

The fact is, most of us will be involved in at least one car accident in our life, even if we are not driving.

In this newsletter, we’d like to take a moment to touch on the process on how and when you are able to claim from the RAF and the involvement of a lawyer. Not everyone can claim from this fund as there are provisions and exclusions as laid out in the Road Accident Fund Act, 1996 and its subsequent amendments.

It is always best to confer with a skilled lawyer to determine whether or not you qualify for a claim against the RAF. The following may be used as a rough guide for potential claimants:

  • A claim may be made by any party injured in a road accident provided they aren’t 100% responsible for the accident.
  • The dependents of a deceased person involved in a road accident where they were not 100% responsible for the accident.
  • The legal parents or guardian of a child.
  • Innocent bystanders.

So what is covered by the RAF? Let’s take a look below:

  • Hospital or medical expenses, both past and future (such as surgeries or long term treatment)
  • Loss of income or earnings resulting from the accident
  • Loss of support that arises as a result of the person’s death
  • Damages with respect to serious injuries resulting in pain, suffering and disfigurement
  • Funeral expenses

If you are the only person involved in the accident, and you are solely responsible, the consequences are unfortunately yours.

If you have any questions regarding the RAF or you feel that you have a claim resulting from a recent road accident, please reach out to us immediately and we can refer you to a lawyer who can prepare your claim and help you navigate through the legal paperwork and legislative hoops in order to secure what’s due to you.

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Newsletter June 2019 - Legal Information South Africa