The fourth stage of the RAF Claim Process Summons and Opposing of Claim begins once the Road Accident Fund defaults on their statutory obligation to make an offer. The attorney is compelled to serve a summons on the Road Accident Fund in order to protect the client’s interests and expedite the settlement of the matter.
The instruction is transferred to our litigation department.
Gert Nel Incorporated aims to serve the summons as soon after the required 120 days have lapsed without response from the Road Accident Fund to enable us to place and maintain pressure on the Road Accident Fund.
The Road Accident Fund is then compelled to defend and serve their plea (opposing of claim) as soon as possible to ensure that pleadings are closed in the shortest possible time.
Our experience has taught us that the Road Accident Fund favours a passive approach to defended matters and as such Gert Nel Incorporated strives to secure a trial date as soon as practically possible to ensure that the Road Accident Fund gives the instruction the necessary attention and allows them enough time to prepare on the matter.