guide to Road accident fund claims - Leeuwner...
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if you have been injured in a motor vehicle accident or road accident, as a result of the negligent and unlawful driving of a motor vehicle in the republic of south africa, that was not your fault, alternatively if you have suffered damage or loss as a result of the death of or injury to your breadwinner in such a manner, you have a claim against the road accident fund about us? We have 13 years experience, specialising in the field of Road Accident Fund Claims and the cases finalised are too many to mention. Due to constantly changing statutory requirements and the fact that the Road Accident Fund is a litigious opponent with unlimited resources, Road Accident Fund claims are difficult, timely and expensive to institute and finalise. We have the necessary professional and financial resources, complimented by a large team of medical and other experts to handle and litigate the complicated claims. Personal attention is given to every client and every case. What is the Road accident fund (RAF)? The RAF is a statutorily created fund financed from levies on fuel and the statutory insurer of all drivers on the roads within the borders of South Africa. It is the only entity liable for and dealing with all Third Party Claims. In terms of the Road Accident Fund Act No. 56 of 1996, the Fund is a juristic person whose object is the payment of fair and just compensation in accordance with the Act for injury or death resulting from the negligent driving of motor vehicles on South African roads. A claimant with a Third Party Claim that complies with all the requirements of the Act is compelled by law to institute his/her claim against the Road Accident Fund and may not legally claim from the wrongdoer. The liability of the RAF is limited to damages arising from bodily injury only (damage to property like a vehicle or clothing has to be claimed from the wrongdoer directly) guide to Road accident fund claims
Transcript of guide to Road accident fund claims - Leeuwner...
if you have been injured in a motor vehicle accident or road accident, as a result of the negligent and unlawful driving of a motor vehicle in the republic of south africa, that was not your fault, alternatively if you have suffered damage or loss as a result of the death of or injury to your breadwinner in such a manner, you have a claim against the road accident fund
about us?We have 13 years experience, specialising in the field of Road Accident Fund Claims and the cases finalised are too many to mention.
Due to constantly changing statutory requirements and the fact that the Road Accident Fund is a litigious opponent with unlimited resources, Road Accident Fund claims are difficult, timely and expensive to institute and finalise.
We have the necessary professional and financial resources, complimented by a large team of medical and other experts to handle and litigate the complicated claims.
Personal attention is given to every client and every case.
What is the Road accident fund (RAF)?The RAF is a statutorily created fund financed from levies on fuel and the statutory insurer of all drivers on the roads within the borders of South Africa. It is the only entity liable for and dealing with all Third Party Claims.
In terms of the Road Accident Fund Act No. 56 of 1996, the Fund is a juristic person whose object is the payment of fair and just compensation in accordance with the Act for injury or death resulting from the negligent driving of motor vehicles on South African roads.
A claimant with a Third Party Claim that complies with all the requirements of the Act is compelled by law to institute his/her claim against the Road Accident Fund and may not legally claim from the wrongdoer.
The liability of the RAF is limited to damages arising from bodily injury only (damage to property like a vehicle or clothing has to be claimed from the wrongdoer directly)
guide to Road accident fund claims
What is a motor vehicle?A motor vehicle for the purposes of the Act is a vehicle propelled or towed on a road by means of fuel, electricity or gas and designed or adopted for use on a road. Including:
motor car
Trailer
Large mining trucks
truck
agricultural implement designed for towing by a
motor vehicle
pneumatic wheeled roller used in the construction
of roads
motorcycle
caravan
flatbed transporter used to transport baggage at airports
What is a third party claim?The basis of a Third Party Claim against the RAF is delict which is an intentional or negligent act which gives rise to a legal obligation between parties even though there has been no contract between them. The Act requires a claimant to prove all the elements of a delict, in the case of Third Party Claims:
CONDUCTDriving of a motor vehicle which may consist either of a commission (positive action) or an omission (the failure to take required action where there is a duty to act).
UNLAWFULNESS (LEGALLY REPREHENSIBLE) Prejudice to the body of a person or his right to maintenance.
FAULTMostly in the form of negligence. You will have to prove on a balance of probabilities, that the accident was caused by another driver who was driving negligent or did not drive the vehicle in a way which a reasonable driver would have driven in the same circumstances.
CAUSALITY The conduct (driving of the vehicle) must cause the damage (injuries or death)
FAULTThe conduct must have resulted in some form of loss or harm to the claimant for him / her to have a claim. This damage can take the form of patrimonial loss or non-patrimonial damages.
The RAF does not automatically incur liability for all Third Party Claims and in certain circumstances, liability of the RAF is excluded or limited. Any defence available to a common law defendant is available to the RAF, namely:
• Absenceofanyoftheelementsofliability
• Selfdefence
• Emergency
• Consent
• Contributoryfault - In terms of the Apportionment of Damages Act, 34 of 1956 there might be an apportionment of liability in case of contributory negligence. Where any person suffers damage which was caused partly by his own fault and partly by the fault of any other person, a claim in respect of that damage shall not be defeated by reason of the fault of the claimant but the damages recoverable in respect thereof shall be reduced to such extent as may be deemed just and equitable having regard to the degree in which the claimant was at fault in relation to the damage.
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Notice: Not withstanding that all possible precautions have been taken relating to the correctness of the content hereof, the author and distributor accepts no responsibility for any damage resulting from the use or acceptance of information contained herein. Kindly note that the information contained herein is a brief exposition of the concepts discussed and should in no way be construed as a complete or comprehensive exposition of the legal principles pertaining to these issues.
LM_R
oad Accident Fund C
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uide_April 2013The damages (compensation) claimable
The objective sought to be achieved in, and the underlying principle in making an award of damages, is that you must, as far as reasonably possible, be placed in the same position that you would have been if you had not suffered the damages complained of. The damages awarded therefore bear a direct relationship to your personal sufferings and are intended for your personal benefit. Slight pain or slight loss of amenities attracts slight compensation and vice versa. These damages are:
Who is entitled to claim:A person who was personally injured
A dependant of a deceased victim (includes the widows, widowers and children of the injured or deceased and persons who are legally dependant for their maintenance on him / her)
A close relative of the deceased in respect of funeral expenses
A claimant under the age of 18 years must be assisted by a parent or legal guardian
Pedestrians
Passengers
Drivers (except a driver who was the sole cause of the accident)
Foetus / an unborn person (injured in his mother’s womb and who survives birth can claim for damage and loss for injuries solely attributable to the accident)
01. All your hospital and medical expenses from the time of the
accident until the claim is finalised.
04. Actual financial support that a
dependant lost from the date of accident until the claim has
been finalised
07. Funeral expenses (if the dependant of someone who died is
claiming)
03. Actual loss of income as a result of your injuries
from the time of the accident until the claim is finalised subject to a capped maximum of
approximately R197 000 per annum which amount
is increased annually in accordance with the
inflation rate
06. Financial support that a dependant will lose in future
(after claim is finalised because a breadwinner died)
09. General damages – this part of the claim is
limited to serious injuries and include: Pain and suffering / Shock (not secondary emotional
shock) / Disability / Loss of amenities of life /
Shorter life expectancy
02. Hospital and medical expenses for treatment
that you will need in future (includes inter alia
the cost of employing domestic servants,
nurses or assistants)
05. Income that you will lose in future as a result of your injuries subject
to a capped maximum of approximately R197 000 per annum which amount
is increased annually in accordance with the
inflation rate
08. Past and future travelling expenses to
obtain essential medical treatment
Time limits to claim
Identifiedclaims
If the identity of the offending driver or owner is known (you know who caused the accident), the claim must be lodged with the Road Accident Fund within 3(three) years.
All persons under the age of 18 years are minors and they may lodge their claims within three years after majority has been achieved.
Hit-and-runclaims
If the identity of the offending driver and owner is unknown (you don’t know who caused the accident), the claim must be lodged within 2(two) years from the date of the accident.
This also pertains to the claim of a minor.
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