What is the Road Accident Fund (RAF) of South Africa?
The Road Accident Fund of South Africa, or RAF, is a Government compensation fund, financed by the South African public via a fuel levy. The objective of the RAF is to provide the widest possible cover for injured road accident victims and/or their families in case of death.
The RAF provides indemnity insurance to the negligent “insured driver” and ensures that the injured victim and or families of fatally injured victims are not left with having to run the risk of having to sue a “man of straw” not receiving any compensation in case of serious injury or death.
The RAF Act 96 of 1996 (as ammended) ensures full compensation for accident-related injury or loss to victims of motor vehicle accidents and their families.
The Fuel Levy
The primary source of income for the RAF is the fuel levy.
Currently with every litre of fuel or petrol bought R 1,94 is contributed to the RAF to ensure financial viability.
How do you qualify to claim from the Road Accident Fund?
If you are a driver, passenger, pedestrian, cyclist or motorcyclist involved in an accident which was not entirely your fault, you can claim from the RAF provided that you qualify as being “seriously injured” as required in terms of the Act.
The RAF caters for the following categories of road users / ralatives of road users:
- If you were injured as the driver of a vehicle and were not solely responsible for the accident (there has to be another party “insured driver/owner” involved);
- According to recent case law if you were the driver of a vehicle but not the owner of the vehicle, and the accident was a result of the owner’s negligence (such as not replacing the worn brake pads) the owner could be regarded as an “insured owner” for failure of duty of care;
- If you were a pedestrian, cyclist or motorcyclist and not the sole cause of the accident;
- If you are a child or spouse who was dependent on the income of the person killed in an accident;
- If you are a close relative of the deceased and paid for the funeral.
Find out more about the RAF claim process: https://www.gertnelincattorneys.co.za/raf-claim-process/
Different heads of damages that you can claim from the RAF
You can claim for the following from the RAF:
- medical expenses that result from a motor vehicle accident
- funeral expenses in the case of a death caused by an accident
- general damages for pain and suffering as a result of a serious injury, have lost an unborn child or have sustained serious disfigurement, mental impairment or the loss of a bodily function
- lost earnings, if you were unable to work as a result of an accident
- loss of support, if a household’s main income provider was killed in a road accident caused by someone else.
To get more information on how Gert Nel Incorporated Attorneys can help you, read: https://www.gertnelincattorneys.co.za/services/road-accident-fund-claims/