Money rolling into Road Accident Fund down a one-way street

MBOMBELA – For every litre of fuel you put in your car, the Road Accident Fund (RAF) gets R1,93. This is set to increase by five cents in April.

Yet, for all that, the RAF is not as keen to pay money out to victims of vehicular accidents. This is according to attorney, Pieter Nel. He has 25 years’ experience in dealing with the fund.

He raises serious misgivings about them recently encouraging victims to lodge claims directly with the RAF.

READ THE ARTICLE: Direct claims faster with RAF

In making a direct claim, a victim will use the RAF as his agent to claim money from the RAF, Nel explained.

“The reality is that the direct payment procedure that was introduced by the RAF is violating the rights of victims. They are doing this inter alia by spreading false information.

“Most RAF employees who handle these claims have no legal qualifications, nor do they have the medical knowledge to properly assess the fair quantum amount which must be paid out to the road accident victims.

“Claims are assessed and paid out in the absence of expert reports such as a report from an orthopaedist, occupational therapist or industrial psychologist.

“It is impossible for a layman who has no medical knowledge to determine the extent of a brain injury. Not even a house doctor can submit an opinion about the extent of head injury,” Nel said.

ALSO SEE: Proposed RABS Bill to replace Road Accident Fund

“Victims that are non compus mentis and minors who do not live with their parents cannot negotiate with the RAF. A curator ad litem must be appointed for them.”

Nel charged that the RAF is using direct claims to prey on vulnerable, poor people’s willingness to accept faster payment in exchange for the correctly determined quantum, which may take longer.

In one case the RAF offered a victim R53 000, but the High Court ordered that she receive R1,3 million. One man was offered R25 000 and received millions, another’s R200 000 was replaced by the court by R2,3 million.

Cases such as these abound. Nel’s concern is that, with direct claims, an employee of the RAF will sometimes have to fight its own employer on behalf of a victim.

Lowvelder put all his allegations to the RAF and asked the fund how it ensured that claims are neither over- or under-settled.

The RAF did not respond to the newspaper’s request for comment at the time of going to press.

Nel has offered to evaluate any settlements made by the RAF. Contact him on pnelprok@telkomsa.net.

ALSO SEE: When and how do I claim from the Road Accident Fund?