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Claiming from the Road Accident Fund: What you need to know

If you were recently involved in a motor vehicle collision, how do you know if you have a claim against the Road Accident Fund? Molefe Dlepu Incorporated provides some essential insight into the matter.

Have you recently been involved in a motor vehicle collision? How do you know if you have a claim against the Road Accident Fund? Molefe Dlepu Incorporated provides some essential insight into the matter:

You may have a claim if you were one of the following:
  • A passenger in a motor vehicle that was involved in a collision.
  • A driver of a motor vehicle that was involved in a collision with another motor vehicle.
  • A pedestrian who was injured/hit by a motor vehicle.
  • A cyclist or motorbike rider who was involved in a collision with a motor vehicle.
  • If someone whom you are financially dependent on dies in a motor vehicle collision.
  • A close family member of a deceased person who died as a result of a motor vehicle accident, who paid for the funeral expenses.

Did you sustain a serious injury as a result of this collision?

What is a serious injury?

An injury is serious if it has any of the following:

  • Long-term impairment of a bodily function.
  • Loss of a body function.
  • Permanent, severe disfigurement.
  • Serious long-term mental or behavioural disturbances or disorders.
  • The loss of an unborn child.

A medical practitioner will have to assess you to determine if your injury is regarded as “serious”.

What can I claim from the Road Accident Fund?

You can claim the following:
  • Medical expenses already incurred as a result of injuries/treatment, received for injuries sustained in the collision – you will need invoices and proof that you paid for these expenses.
  • Future Medical Expenses, this means that the Road Accident Fund will pay for treatment/medication that you may need in the future.
  • Funeral Expenses – to be claimed by the person who paid for the expense.
  • Pain and suffering.
  • Loss of income suffered as a result of the accident.
  • Loss of support suffered as a result of an accident, i.e, minor child, parent, or any person who is being financially supported can claim for loss of support as a result of death of a person who was their financial provider.

Documents needed to proceed with your claim:

  • Identity document or passport.
  • Affidavit stating how the accident occurred.
  • Your hospital records.
  • Salary slips or bank statements proving income if claiming loss of income/loss of support.
  • Accident report.

Prescription

You have three years to lodge a claim with the Road Accident Fund from the date of the accident. If one of the vehicles involved is unidentified (hit-and-run), this period decreases to two years.

Claims of minor children only prescribe 3 years after they turn 18, unless the identity of the vehicle is unknown, then it must be done within 2 years.

Molefe Dlepu Incorporated has a highly skilled team of attorneys and litigation secretaries to assist you with your claim. We also make use of a network of experts to determine the necessary claim amount.

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