DO I HAVE A CLAIM?
If you were injured in a motor vehicle accident in South Africa that was not entirely your fault, you may be entitled to claim compensation from the Road Accident Fund (RAF). A claim may help compensate you for the financial and personal impact of your injuries. The circumstances of every accident are different, so the best way to understand your position is to have your case properly assessed.
DO I QUALIFY FOR AN RAF CLAIM?
Two key requirements generally apply.
01
YOU WERE INJURED
You sustained physical or recognised psychological injuries as a result of a motor vehicle accident in South Africa.
Medical treatment and records help establish the nature, cause and extent of the injuries.
02
SOMEONE ELSE WAS AT FAULT
The accident must have been caused, at least partly, by the negligent or wrongful driving of another person.
Being partly at fault does not necessarily mean that you cannot claim.
WHO MAY BE ABLE TO CLAIM?
Depending on the circumstances, an RAF claim may be brought by:
A driver not entirely responsible
An injured passenger
A pedestrian, cyclist or motorcyclist
A dependant who loses financial support
A relative who paid funeral expenses
A parent or guardian acting for a child
FAULT IS NOT ALWAYS STRAIGHTFORWARD
Responsibility for an accident is not always immediately clear.
It may depend on witness statements, police records, photographs, vehicle damage and the circumstances surrounding the collision.
de Broglio Attorneys will investigate the available evidence and assess who was responsible—and to what extent.
WHAT IF I WAS PARTLY RESPONSIBLE?
You may still be able to claim if another person was also at fault. Your claim may be reduced according to your share of responsibility.
WHAT IF I WAS A PASSENGER?
Passengers injured in motor vehicle accidents may also be entitled to claim. The circumstances and those responsible must be assessed.
WHAT IF IT WAS A HIT-AND-RUN?
You may still have a claim. Different requirements and shorter time limits apply, so obtain legal advice promptly.
TIME LIMITS APPLY
RAF claims must be submitted within strict legal time limits.
3 years
Generally, where the responsible driver or vehicle is identified.
2 years
Generally, for hit-and-run claims.
Different rules and exceptions may apply, including claims involving children. It is always safer to seek advice promptly.
WHAT CAN FORM PART OF MY CLAIM?
An RAF claim may consist of several different components. What you may claim will depend on your injuries, their effect on your life and work, and the evidence available to support your losses.
GENERAL DAMAGES
General damages compensate for the non-financial effects of a qualifying serious injury. These may include pain and suffering, disability, disfigurement and loss of enjoyment of life.
Awards are guided by comparable cases, but every claim is assessed individually. The nature and severity of the injury, treatment received, recovery, long-term consequences and effect on daily life are all considered.
Not every injury qualifies for general damages. The injury must meet the applicable serious-injury requirements.
LOSS OF EARNINGS OR EARNING CAPACITY
If your injuries prevent you from working, reduce your income or affect your future ability to earn, this loss may form part of your claim.
The same injury can affect people differently depending on their occupation, age, qualifications and future career prospects. Relevant experts may include:
| • Occupational therapists | • Industrial psychologists |
| • Actuaries | • Orthopaedic surgeons |
| • Neurosurgeons | • Other specialists |
PAST MEDICAL EXPENSES
Reasonable accident-related medical and related expenses already incurred may form part of your claim. It is important to retain all relevant:
Medical accounts
Invoices, receipts and proof of payment
Treatment records and medication costs
Accident-related transport expenses
These records help establish the treatment received and the costs resulting from the accident.
FUTURE MEDICAL AND RELATED EXPENSES
Medical experts assess the treatment, rehabilitation and assistance you may require in the future. This could include:
- Medical treatment and surgery
- Medication, physiotherapy and rehabilitation
- Psychological treatment or specialised care
- Mobility aids and medical equipment
- Appropriate home or vehicle modifications
The RAF may issue an undertaking to reimburse qualifying expenses as they are incurred.
CLAIMS FOLLOWING A DEATH
Where a motor vehicle accident results in the death of a breadwinner, qualifying dependants may be able to claim for past and future loss of financial support.
Certain funeral expenses may also be recoverable by the close relative who paid them.
WHAT CANNOT BE CLAIMED FROM THE RAF?
The RAF compensates for bodily injury or death arising from qualifying motor vehicle accidents.
It does not compensate for damage to a vehicle or other property. Those losses must generally be pursued separately against the responsible person or relevant insurer.
EVERY CLAIM IS DIFFERENT
The value of an RAF claim cannot be determined from the injury alone. It depends on:
| • How the accident happened | • Effect on work and earnings |
| • The degree of fault | • Effect on daily life |
| • The nature and severity of injuries | • Supporting evidence |
| • Treatment received and required |
De Broglio Attorneys works with leading medico-legal experts to investigate and prepare every appropriate component of a claim. Secure technology keeps clients informed and provides access to their medico-legal reports.
STILL UNSURE WHETHER YOU HAVE A CLAIM?
You do not need to work it out on your own. Tell us what happened and one of our specialist attorneys will assess your circumstances, explain your options and help determine what may form part of your claim.