Personal Injury and Public Liability

 

 

 

The Road Accident Fund must be offered a reasonable period of time in which to assess its liability in respect of the claims lodged, enter the claims into the relevant computer system, perform the necessary enquiries, and thereafter arrange for Electronic Funds Transfer directly into your, or other nominated bank account.
You will be advised by way of a letter which claims have been admitted, how the amount of money paid into the bank account was made up, which claims require further explanation and which claims have been rejected as not being accident related or a claim in terms of the Undertaking. 
 

Subject to the terms and conditions of the undertaking certificate, the injured, or the supplier, may claim the costs of accommodation in a hospital or nursing home or treatment of or rendering of a service or supplying of goods to the injured.
Where emergency medical treatment is provided to the injured (that is treatment to save the injured's life or a bodily function) the Fund's liability to compensate the injured or the supplier, as the case may be, is determined in accordance with a prescribed tariff.
 

This will depend on the type of the claim which is submitted as indicated below: 

  • A tax invoice for medical expenses.
  • A Service contract, certified copy of the employee's ID and proof of the costs being incurred for a domestic worker, caregiver and/or gardener.
  • Details of the vehicle that is being used to transport the injured including the name of the owner and driver, purchase price of the vehicle, type, make and model of the vehicle, Distance traveled and tax invoice from the service provider.
  • Proof of the costs of special school fees, transport to and from the school and hostel fees before the accident together with the current costs (Tax invoice) 
  • Approved building plans of the house before the accident, photos of the areas which need to be altered and at least 2 fully specified reasonable quotes for the proposed building costs. 

Identified claims (claims where the identity of the driver or owner of the guilty motor vehicle is known) must be lodged with the Fund within 3 years from the date of the accident and must be finalised within 5 years from the date of accident.
Hit and Run claims (claims where the identity of the driver or owner of the guilty motor vehicle is unknown) must be lodged with the Fund within 2 years from the date of the accident and must be finalised within 5 years from the date of accident.
Claims in terms of an undertaking certificate issued in terms of section 17(4)(a)(ii) of the Act must be lodged and finalised within 5 years from the date on which services were rendered to the injured.
 

The following are entitled to make a ​claim:

  • A person who sustained a bodily injury in the accident (except a driver who was the sole cause of the accident);
  • A dependent of a deceased breadwinner;
  • A close relative of the deceased who paid for​ the funeral; and
  • A claimant under the age of 18 years must be assisted by a parent, legal guardian or curator ad litem.
  • See the Claims procedure section for detailed information on submitting a claim.
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Road Accident Fund Claims (RAF) 

In South Africa, the Road Accident Fund (RAF) provides essential compensation to individuals injured or bereaved due to motor vehicle accidents.  An RAF claim, often referred to as a third party claim, is your formal request to the RAF for this compensation.  It covers critical areas such as medical expenses, loss of income, general damages for pain and suffering, funeral costs, and loss of support for dependents. Crucially, RAF claims focus on bodily injuries resulting from the accident; damage to vehicles or other property is not covered.

Dealing with the Road Accident Fund directly is not always in your best interest

ROAD ACCIDENT FUND (RAF) Claims | How to Claim with Aucamp Attorneys

Navigating the Road Accident Fund (RAF) claim process can feel overwhelming, but you don't have to do it alone.  Aucamp Attorneys is here to guide you every step of the way.  This page outlines the basic steps involved in claiming compensation for road accident injuries or death.

Step 1: Gather Your Essential Documents - Let Us Help You Get it Right

Document gathering is crucial for a successful RAF claim.  While the list below might seem extensive, don't be intimidated!  Our expert attorneys will assist you in identifying and collecting the specific documents needed for your claim.  Having the right documents from the start significantly increases your claim's chances of success and avoids delays.

Key Document Categories (We'll help you with the specifics)

Standard Documents (Always Required)

  • Your ID and/or the injured party's ID
  • Accident Report from the Police
  • Statutory Medical Report (we can assist with this)
  • If claiming for a minor - Birth Certificate and/or Guardianship documents

For Injury Claims

  • Medical Records Hospital records, doctor's reports, etc. (We can help you obtain these)
  • Proof of Income Loss Payslips, employer's certificate (if applicable)
  • Serious Injury Report (RAF 4 Form) For general damages claims (we will advise if this is necessary)
  • Photographs of Injuries If applicable

For Death Claims

  • Deceased's Death Certificate and ID
  • Marriage Certificate (if applicable)
  • Proof of Dependency (for loss of support claims)
  • Post Mortem Report (if available)
  • Funeral Expenses Invoices

Don't be overwhelmed by this list! We will provide you with a tailored checklist and assist you in obtaining all necessary documents.  Contact Aucamp Attorneys for personalized guidance.

Step 2: Complete and Submit the Official Claim Forms

The RAF requires specific claim forms to be completed accurately and submitted with your documents. These include

  • RAF 1 3rd Party Claim Form
  • RAF 2 Supplier Claim Form
  • RAF 3 Accident Report Form
  • RAF 4 Serious Injury Assessment

Accuracy is key!  Incorrectly completed forms can lead to delays or rejection.  Aucamp Attorneys will ensure your forms are completed correctly and all necessary information is included.

Step 3: Submit Your Claim to the RAF (Hard Copy Required)

It's important to submit your claim in hard copy to the RAF.  Faxes and emails are not accepted.  We will assist you in ensuring your claim is correctly submitted to the RAF's offices.

The RAF will then assess your claim for

  • Validity To ensure it meets all legal requirements and deadlines.
  • Merits To determine liability and fault in the accident.
  • Quantum To assess the extent of your losses and calculate compensation.

If your initial submission is incomplete, the RAF will return it.  By working with Aucamp Attorneys, we aim to ensure your claim is complete and valid from the outset, minimizing delays.

Step 4: Drive Your Claim Forward - We Handle the Process for You

Once your claim is submitted, the process can be lengthy and complex.  It's crucial to actively follow up and ensure your claim progresses.

While you can contact the RAF directly (Contact Centre: 087 820 1 111), engaging Aucamp Attorneys means we take care of this entire process for you. We will:

  • Track your claim's progress with the RAF.
  • Handle all communication with the RAF on your behalf.
  • Gather further evidence and documentation as needed.
  • Negotiate with the RAF to maximize your compensation.
  • If necessary, initiate legal proceedings to protect your rights.

Let Aucamp Attorneys Be Your Road to Recovery

Don't navigate the complexities of an RAF claim alone.  Contact us today for a free consultation and let our experienced attorneys fight for the compensation you deserve.