Motor Vehicle Accidents

If you have sustained serious bodily injuries in a motor vehicle accident which occurred anywhere in South Africa, you can claim compensation for your loss from the Road Accident Fund.

WHO CAN CLAIM?

  • Drivers
  • Passengers
  • Pedestrians
  • Motorcyclists
  • Cyclists
  • Dependants of a Deceased Breadwinner

WHAT CAN YOU CLAIM?

Victims of motor vehicle accidents in South Africa can claim compensation from the RAF for the following:

Past and future medical expenses

Including all surgical and non-surgical treatment, care and medication necessitated by accident- related injuries.

Past and future loss of earnings

Actual past loss of income- incorporating unpaid sick leave arising as a result of time off work for post-accident recovery and/ or loss of employment as a direct result of accident- related injuries; and Projected future loss of income and/ or earning capacity

General Damages

Lump sum compensation for serious impairment due to bodily injuries resulting in pain, suffering, disability and loss of amenities of life.

Loss of Support

When a breadwinner dies as a result of a motor vehicle accident which was not his/ her fault, the dependants (spouse, minor children) can claim compensation from the RAF for the monetary loss they have suffered due to such death.

Funeral Expenses

Only the necessary actual costs of the funeral and burial or cremation are recoverable from the Road Accident Fund.

WHEN MUST YOU CLAIM?

If you are unaware of the identity of the negligent driver, the claim is deemed a "hit-and-run" claim and must be lodged with the Road Accident Fund within 2 (two) years from the date of the accident.

If the identity of the negligent driver is known, the claim is deemed an "identified" claim and must be lodged with the Road Accident Fund within 3 (three) years from the date of the accident.

Motor Vehicle Accident Claims FAQ

Motor vehicle accidents can occur at any time, especially in South Africa where the number of accidents is increasing every year. Many factors can play a role when a motor vehicle accident occurs, including the road condition, the condition of the motor vehicle, as well the behaviour of the driver at the time.

Motor vehicle accidents cause a large number of personal injuries and deaths on our roads which is why, in the unfortunate event that you or your loved one is involved in an accident, you might need assistance with lodging your claim against the Road Accident Fund. In the event that you have been injured in an accident, you could benefit from the professional legal support offered at A Batchelor & Associates in Cape Town. There are many advantages to working with a legal team when it comes to motor vehicle accident claims. You will need the right guidance and support, as well as an experienced team to represent you in your Third Party claim against the RAF. This can be a long and tedious process, which is why appointing A Batchelor & Associates as your legal representative is the ideal solution. The Road Accident Fund has been established in South Africa to ensure that proper compensation is awarded to all those injured or killed as a result of motor vehicle accidents on our roads every year.

WHAT IS THE RAF?

The Road Accident Fund (RAF) is a fund established in terms of the Road Accident Fund Act. It is funded by a levy / tax which is included in the price of all petrol and diesel sold in South Africa. This is known as a fuel levy. Everyone who buys petrol or diesel effectively pays a little extra for each litre of fuel and this levy goes to the RAF.

The object of the Fund is to grant compensation for loss as a result of bodily injury caused by the driving of a motor vehicle. The RAF does not compensate for material damages to cars and other vehicles.

WHEN CAN YOU CLAIM FROM THE RAF?

You may claim from the Road Accident Fund if you sustained bodily injuries as a result of a motor vehicle accident wherein the injury (or death of a breadwinner) is due to the negligence of the driver of the motor vehicle. Therefore, if a person is injured and they are not the cause of the accident (in other words, the person injured was not the negligent driver), then they can claim compensation from the RAF. In order to ensure the best possible compensation, you need professional legal support to manage your claim against the RAF. There is a lot of communication and documentation involved and a legal team such as A Batchelor & Associates that has experience with the RAF, will ensure that your claim is meticulously and professionally managed and processed.

THE BENEFITS OF LEGAL ASSISTANCE WITH MOTOR VEHICLE ACCIDENT CLAIMS:

In order to lodge a claim with the Road Accident Fund one needs to request and obtain a great deal of documentation, including the accident report, witness statements, case docket, all medical and clinical records from doctors and hospitals, as well as expert medico-legal opinions with regard to your injuries.

This can be complicated and expensive to handle on your own, which is why you will benefit from the professional assistance of an experienced law firm like A Batchelor & Associates. We know what is required and we work with the RAF on a regular basis to ensure that our client’s claims receive the attention they deserve.

Having legal representation from early on in your claim process also safeguards against Prescription. One only has two years to lodge a hit-and-run claim and three years to lodge an identified claim and it is therefore imperative that the claim is lodged before this time period lapses.

WORKING WITH A BATCHELOR & ASSOCIATES:

Our team of qualified attorneys is experienced in motor vehicle accident claims and can represent you and act on your behalf in the event that you need to claim from the RAF. We know how to ensure that your claim gets the attention it needs as well as make a concerted effort to work with your specific circumstances. We will do a thorough investigation of your situation and make sure that we have all the details and evidence we need to secure the best possible settlement to compensate for your loss or injury.

At A Batchelor & Associates we strive to give you the best guidance and advice when it comes to motor vehicle accident claims. We handle each case on an individual basis, as we realise the importance of taking each client’s unique circumstances into account. We provide support throughout your case, allowing you to be rest assured that you have a professional legal team by your side.

Our attention to detail and professional legal knowledge in this specialised field, together with our legal team’s commitment to thorough investigations, pave the way to successful awards and settlements to compensate you for the losses or injuries that you or your family may have incurred.

We at A Batchelor & Associates have a solid background in successfully representing clients that have been involved in motor vehicle accidents in South Africa and we pride ourselves in following best practice when it comes to our legal system and the applicable laws. Our team of attorneys is experienced in working with the Road Accident Fund as well as representing clients from all walks of life, and we ensure that we achieve the best possible results for each claim.