South Africa’s roads are among the most dangerous in the world.  Alarming statistics shows around 1 million road accidents reported yearly in South Africa.  Unfortunately, many road accidents claim lives or cause serious injuries.

The Road Accident Fund (RAF) offers all road users (local and foreigners) mandatory cover to submit a claim for compensation in the event of serious injury or loss of life.

Who can Claim from the Road Accident Fund?

Drivers, passengers and pedestrians who were involved in a car accident can claim from the RAF.  The injured driver, passenger or pedestrian could lodge a claim if another driver caused the accident.  Dependents of a deceased victim can also lodge a claim with the RAF.

What can you Claim from the Road Accident Fund?

The following types of compensation can be claimed if a person is eligible to claim from the RAF:

• General damages. For pain and suffering.  Only serious injuries will qualify.
• Hospital and medical expenses. Medical costs as well as future medical expenses.
• Funeral costs.
• Dependents can apply for loss of financial support by a deceased breadwinner.
• Loss of earnings. For past and future loss of income.

You cannot claim from the Road Accident Fund for any vehicle damages.  Damages to a vehicle must be claimed from insurance or the other driver.

There are strict timelines in which a claim must be submitted with the RAF.  The timeline differs depending on the following:

• When the details of the other driver are known, the claim must be submitted within 3 years of the accident.
• When the details of the other driver are unknown, the claim must be submitted within 2 years of the accident.
• When the victim is a minor, they can submit a claim when they turn 18 and have 3 years in which to do so after turning 18.
• Legal claims must be served in the High Court within 5 years of the accident.

Despite annual increases in fuel levies, the RAF has been facing financial problems for many years and an enormous number of claims are still outstanding.  Parliament is considering replacing the RAF with a new law, called the Road Accident Benefit Scheme Bill.