The Road Accident Fund: What is it?

THE State has set up the fund to pay compensation to people injured, or the dependents of people killed, in road accidents that result from negligent driving on roads in South Africa. The fund gets its money from a fuel levy that is included in the price of petrol and diesel.

Is a lawyer needed?

The fund employs information officers at all branch offices of the Road Accident Fund to assist claimants without charge. A person making a claim may, however, use the services of a lawyer. But remember, the lawyer is entitled to charge a fee for the professional service rendered.

What’s the time period in which to make a claim?

If the identity of the offending driver or the vehicle’s owner is known, the claim must be lodged within three years from the date on which the claim arose. (This does not apply to the claim of a minor.) If the identity is not known, the claim must be lodged within two years from the date on which the claim arose.

Who is entitled to make a claim?
  • The person who was injured (except the driver who was the sole cause of the accident).
  • A dependent of a victim who died
  • A close relative of a dead victim in respect of funeral expenses
  • A claimant under the age of 21 must be assisted by a parent or legal guardian
What can you claim for?
  • Medical expenses (past and future)
  • Funeral expenses
  • Loss of earnings or income if a person is disabled (past and future)
  • Loss of support for the dependent of a dead victim (past and future)
  • General damages for reasons of pain, suffering and disfigurement. Note: This is determined after an examination is made of the extent and severity of the injury
How is a claim made against the fund?
  • A claim must be made on the claim form (Form 1) that is available from the offices of the Road Accident Fund
  • Every applicable paragraph must be completed fully
  • The doctor who treated the injured person immediately after the accident must complete the medical report section in the form
  • The claimant must sign the form

For more information telephone (031) 365 2905, fax (031) 365 2900 or call at 19th Floor Durban Bay House, 333 Smith Street, Durban.

 

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