“Hardships often prepare ordinary people for an extraordinary destiny” – C.S. Lewis-

There are few things as traumatic as a motor vehicle accident. Each year thousands of loved ones lose their lives and many more are injured on our roads.

During this difficult time, we provide professional assistance and advice in a caring manner.

Here at Slabbert and Slabbert we pride ourselves in our excellent service while treating our clients like family.

Road Accident Fund Claims:

What is the Road Accident Fund?

The Road Accident Fund, also known as “RAF” is a government-operating insurance scheme operated in terms of the Road Accident Fund Act 56 of 1996, as amended.

The Road Accident Fund was created in order to compensate road accident victims injured or dependents of those who are killed on South African roads due to the negligent driving of a motor vehicle.

Who can claim from the Road Accident Fund?

DRIVER: If there was at least one other motor vehicle (driver) involved in the accident and you were not the sole cause of the accident.

PASSENGER: If you were a passenger in a motor vehicle that was involved in an accident.

PEDESTRIANS/CYCLISTS: If some or all of the accident was caused by a negligent driver.

DEPENDENTS: If the entire accident was not caused by the deceased (breadwinner).

How much time do you have to claim?

If the negligent driver has been identified, you have 3 (three) years from the date of the accident to institute a claim. In the event where a minor is injured, the three-year period will commence on the minor’s 18th birthday.

In the event that the negligent driver has not been identified, you have to institute a claim within 2 (two) years from the date of the accident.

Summons has to be issued within 5 years from the date of accident.

Why claim through an attorney?

When claiming directly from the Road Accident Fund, you basically appoint them to be the judge, jury and executioner of your claim.

Claiming from the Road Accident Fund is not an easy process and there are a lot of technicalities involved.

An attorney specializing in personal injury claims has the knowledge and experience to assist you and to ensure that your claim is properly quantified and submitted.

It is most likely that an attorney specializing in personal injury claims will incur and carry the costs necessary to prosecute your claim pending the finalization of your claim. This is referred to as a contingency fee agreement (no win, no fee).

If your attorney did not attend to your claim and allowed for it to prescribe, you can complain to the local legal practice council. Attorneys have insurance that will cover them in such situations and you can therefore sue your attorney for any damages suffered. In the event that you or the Road Accident Fund (direct claims) cause your claim to prescribe due to not claiming in time, you will have no claim and will receive no compensation. This will then put the Road Accident Fund in the absurd position where they will have to sue themselves.

An attorney specializing in personal injury claims will also have the knowledge to be able to settle your claim for a fair amount and will be able to assist you not to under-claim.

In order to claim directly from the Road Accident Fund, you will need to have medical reports completed by doctors as well as medical records and you will have to pay for it. You will also need to provide them with an Accident report from the South African Police Service and these documents also need to be paid for. The process can therefore get quite expensive.

How much will it cost?

Most attorneys specializing in personal injury claims will assist you with your claim on one of the following fee structures:

On a contingency fee basis – in other words “no win – no fee”; or
In terms of a fees agreement, where the attorney will charge a normal fee in terms of an agreed tariff.

Many attorneys specializing in personal injury claims will undertake to cover all costs relating to your claim on the basis that they will be repaid the costs out of the proceeds of your claim. Some of the costs will be recovered from the Road Accident Fund as part of the party-and-party costs for which they are liable.

Contingency fee agreement

The agreement must be signed by both you and the attorney. You will be given a copy of the agreement.

The attorney is entitled to charge a success fee in addition to the normal fee. This amount is regulated in terms of the Contingency fees Act.

The act provides that an attorney can charge 25% plus VAT on your capital amount OR 100% above the normal fee – which ever amount is the LESSER.

You will also have to pay other expenses relating to your claim such as medical and other experts’ fees, records etc. Some of these fees will be recovered from the Road Accident Fund as part of the party-and-party fees for which they will be liable to pay.

Please take note:

The above is only for information purposes and should not be accepted as a legal opinion of any kind.

We therefore accept no responsibility for any damages resulting from the acceptance or use or distribution contained herein.