If you have been involved in a motor vehicle accident, you have two claim options: damages for any personal injuries and damages to your property. These claims are handled differently. If you have suffered damages to your property due to an accident, you must claim from the driver or owner of the vehicle that caused the accident. If you are injured or if a member of your family has died as a result of the accident, you can claim compensation from the Road Accident Fund (RAF).

What is the RAF?

The RAF is a special fund that pays compensation owed to the victim of a road accident on behalf of the negligent driver who caused the accident. The RAF is funded by a tax that is included in the price of petrol and diesel; this is known as the fuel levy. Everyone who buys petrol or diesel in South Africa therefore contributes to the fund.

When can you claim compensation from the RAF?

You can claim compensation from the RAF if

  • you are injured as a result of a motor vehicle accident caused by a negligent driver;
  • you can prove that the driver who caused the accident was driving negligently; and
  • you are the dependant of a person who was injured or died in a motor vehicle accident caused by a negligent driver.

You cannot claim compensation from the RAF if

  • you caused the accident in which you were injured. This includes accidents where you were the only person involved, for example if you drove into a ditch.

What can you claim for?

The following compensation claims can be made from the RAF:

  • Claims for bodily injuries, including claims for medical expenses, pain and suffering, and loss of earnings.
  • Claims for loss of support if you are the dependant of a breadwinner who was seriously injured or who died as a result of an accident.

Claiming from the RAF can sometimes prove to be challenging and you should make sure that you have expert legal assistance. Joseph’s Incorporated Attorneys will offer you the best advice on how to proceed with your claim, so contact us