Introduction


The Road Accident Fund (RAF) is a statutory body that provides cover for all persons who suffer a loss as a result of bodily injury or the death of a financial provider caused by the negligent driving of a motor vehicle within South Africa.

In 2008 there was an amendment to the RAF Act which in essence changed the law so that only those persons who are more seriously injured can claim from the RAF.

The amendment act distinguishes between two types of injured claimant. The first type of claimant is very seriously injured and is classified in terms of the AMA guide to be more than “30% whole person totally impaired”.

The second type of claimant is not as seriously injured as the first type (less than 30% totally impaired) but the injuries are severe enough to impact on the injured person in his / her work environment or impact on his / her daily living. The act talks about the “narrative test” which is simply a test to establish whether the claimant’s injuries have long term consequences.

If you do believe that you may have a claim against the RAF please contact our offices for a free first consultation during which we will professionally assess the merits of your claim and the potential value of your claim.

If you are personally injured you can claim:-

  • Past and future medical expenses;
  • Past and future loss of income;
  • General damages for pain and suffering provided your injuries are severe and have long term consequences;

If a loved one is killed in an accident and you are financially supported by this person you can claim:-

  • Reasonable funeral expenses;
  • Loss of support;

Time periods in which to make a claim against the RAF?

  • For an adult, you are required to lodge a claim within 3 year of the date of the accident;
  • For minor children, you are required to lodge a claim within 3 years after you have reached the age of 18;
  • In the case of a “hit and run” type accident the claim has to be lodged within 2 years.

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