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Who qualifies for RAF claims

Who qualifies for RAF claims

Who qualifies for Road Accident Fund claims

 

Who qualifies for Road Accident Fund claims

 

Here’s a breakdown of who qualifies for RAF claims in South Africa:

 

 

People who can claim for their own injuries

 

  • ☑️ Victims of car accidents: If you were injured in a car accident on a public road in South Africa, you can potentially claim from the RAF, regardless of who caused the accident (provided the at-fault vehicle had RAF cover, which is mandatory).

 

 

Important Exceptions

 

  • ✅ Driver at Fault for Own Accident: The driver who caused the accident themself typically cannot claim for their own injuries from the RAF, unless they can prove exceptional circumstances (e.g., mechanical failure caused the accident).

 

 

People who can claim on behalf of someone else

 

  • ☑️ Dependants of a deceased person: Spouses, children, parents, or legal guardians financially dependent on the deceased who died in a car accident can claim for loss of support and funeral expenses.

 

  • ☑️ Parents/Guardians of Injured Minors: If a minor child is injured in a car accident, their parents or legal guardians can claim on their behalf for medical expenses and loss of income (if applicable).

 

 

General Qualifications for Claiming

 

  • ✅ Accident on Public Road: The accident must have occurred on a public road in South Africa involving a motor vehicle.

 

  • ✅ RAF-Covered Vehicle: The vehicle that caused the accident (or the vehicle the claimant was in) must have had compulsory RAF cover.

 

  • ✅ Time Limits: Claims must be lodged within the stipulated timeframe:
    • Three Years: For accidents where the at-fault driver is known, the claim needs to be submitted within three years from the accident date.
    • Two Years: For hit-and-run accidents, the time limit is two years from the accident date.

 

  • ✅ Serious Injuries (for General Damages): To qualify for compensation for pain, suffering, and loss of amenities of life (general damages), the injuries must be classified as serious according to the RAF’s criteria (typically involving long-term impairment or lasting effects).

 

 

Additional Considerations

 

  • ☑️ Partial Fault: If you are found to be partially at fault for the accident, the amount of compensation you receive from the RAF might be reduced.

 

  • ☑️ Legal Representation: Consulting with a lawyer specializing in RAF claims is highly recommended. They can assess your eligibility, navigate the legalities, and ensure you receive fair compensation.

 

 

Here are some resources that you might find helpful: