When and how do I claim from the Road Accident Fund?
The Road Accident Fund (“the Fund”) is obliged to compensate the victims of road accidents, if the accident is not their fault/wholly their fault. Hough & Bremner can assist you with the Road Accident Fund claims procedure.
A percentage of all petrol and diesel purchased in the Republic of South Africa is used to finance the Fund, from which the compensation is paid.
Victims of road accidents can claim for medical expenses, loss of earnings and, in cases involving serious injury, general damages for pain, suffering, discomfort, loss of amenities of life, and bodily scarring. If a breadwinner is killed in a road accident, the dependents can claim for loss of support and funeral costs.
The Fund does not cover damage to a vehicle or other material damages or losses, the latter of which must be claimed from the driver who caused the accident.
There are mainly two types of claims which may be lodged with the Fund. The first is any loss or damage suffered as a result of any bodily injury and the second is any loss or damage suffered as a result of death of or any bodily injury to any other person, if the injury or death is due to the negligent driving of a motor vehicle.
The first step in claiming from the Fund is to gather all the necessary documentation and/or information.
Once the necessary documentation is obtained, the claim must be lodged with the Fund on the prescribed claim forms.
A claim against the Fund must be lodged within three years from the date of the accident or within two years if the identity of the driver or owner of the vehicle who caused the accident is unknown (hit-and-run accidents).
Our firm will assist you to obtain the necessary documentation and/or information to complete the prescribed claim forms and lodge the claim with the Fund within the prescribed time frames.
If you have any questions or need any more information about the Road Accident Fund claims procedure, make an appointment with Neil Eastes or Carli Lundy at Hough & Bremner Attorneys today on 013-752-3177, neil@houghbremner.co.za or carli@houghbremner.co.za.
