Stefan Greyling Inc

The RAF is financed through a government fuel levy which is presently set at 218 cents per litre (2021). The Road Accident Fund (RAF) also provides compensation to individuals who were financially dependent on a deceased person, who passed away as a result of injuries he/she sustained in a motor vehicle accident.

A claim against the Road Accident Fund must be lodged at the RAF within two years if it was a hit-and-run accident, and within 3 years if the identity of the negligent party (responsible for the accident) is known. Summons must be issued and served at the Road Accident Fund within five years. The aforementioned deadlines are calculated from the day of the accident, excluding the first day and including the last day. In the event that a claim is not lodged within the aforementioned deadlines the claim prescribes which, in effect, means a claimant is then barred from instituting a third party claim. Under certain circumstances the prescription period may be extended, and we would recommend that you consult an expert personal injury attorney in this regard.

In light of the above, it is important to commence with the claim process as soon as possible, as there are various documents that must be obtained in order to lodge a valid claim at the Road Accident Fund.

Claimants are entitled to institute a third party claim directly at the RAF, however, claiming is a complicated, time-consuming, costly and technical process. Moreover, the claim process requires a claimant to produce a substantial amount of collateral information and documentation (e.g medical records, police records, expert medico-legal reports etc.) that many claimants are unable to obtain or afford. In our experience, instituting a claim against the RAF directly is often an all-consuming and overwhelming experience for laypersons who endeavour to represent themselves.

Should you make use of a lawyer he or she will investigate, process and litigate your case if necessary. The attorney will issue and serve summons against the RAF, who in turn appoint its own attorneys to defend the case, whereafter Court proceedings ensue.

A claimant is allowed to institute a claim under five heads of damages, subject to certain limitation as set out in the Road Accident Fund Act 56 of 1996 (As amended). The five heads of damages are as follows:

1. Past medical expenses; 2. Future medical expenses; 3. Past loss of earnings/earning capacity; 4. Future loss of earning/earning capacity; 5. General damages (pain, suffering, loss of amenities etc.).