Gert Nell

Comments on the Road Accident Fund


During the last few years the RAF has implemented a program in terms of which injured road users are approached in Provincial Hospitals by claims advisors working for the Fund. These claims advisors (who might not necessarily have a law degree) convince the injured party, with promises of early settlements to lodge a claim directly with the Fund, rather than to engage the services of an attorney.

These claimants are then often sent home with RAF 4  - forms and expected to have it completed at their own expense often amounting to R 7000.00 depending on the severity of the injuries.

In some cases an injured party is not even informed of his obligation of having to undergo a RAF4 - examination as required in terms of the new Raf Act.

We have spoken to one of these claim advisors at a Provincial Hospital in the North West Province who confirmed that they do not have any statistics regarding the outcome of these claims nor settlement figures.

- In fact when he was asked whether he would refer a family member to the Fund he was reluctant to answer.

The problem confronting the Fund is that a reasonable RAF claim could cost you in excess of R 50 000.00 for medico legal expenses alone.

The Fund is not going to carry the burden of financing such a comprehensive claim but instead  follows a "quick fix" approach  by making rediculous offers with the hope that the often indigent claimants will accept the offers and dissapear.

Our advice is that it is in the claimant's best interest to secure the services of seasoned personal injury lawyers like Gert Nel Incorporated who will finance a claim and employ all the necessary doctors and service providers to ensure that all the claimant's accident related requirements are met and the best possible settlement is reached.

Think about it, how would you ever know whether the offer made by the Fund is the best possible offer without having the benefit of an experienced personal injury attorney to advise you to accept or to ask for a better offer from the Fund? 

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