How to Claim from the Road Accident Fund in South Africa | Legal Articles

 

Legal Articles

How to Claim from the Road Accident Fund in South Africa

One of the most common personal injury claims in South Africa is related to motor vehicle accidents resulting in serious injury, disability, or death.

Thankfully, the Road Accident Fund (RAF) exists to compensate injured people, or deceased dependents in cases where the person who caused the accident does not have third party insurance, nor the means to pay the claimant for damages caused.

Although the claim process can be a lengthy one, it’s worth pursuing. Thousands of South Africans have been compensated for loss or damages caused by unfortunate motor vehicle accidents. However, certain documents are required, and must be submitted in order for RAF claims to be successful.

In this article, our personal injury attorneys in Cape Town and Johannesburg share information about these documents, what they are called, and at what stage of the claiming process they should be submitted.

road accident fund claims south africa

Road Accident Fund Claim Forms

Before gathering, completing, and submitting any of the official RAF forms, it’s important to first gather all the supporting documentation and information that you need in order to claim.

The more supporting documentation and evidence you have to accompany your claim, the higher the chance is of it being successful.

The following is required:

  • An official police report and case number issued by the police for the accident
  • A document with all your personal details, as well as the details of the other person involved in the accident
  • All relevant medical documents to support and prove the injuries sustained in the accident
  • Any and all motivating testimony from legal and/or medical experts
  • Any and all witness testimony
  • Any and all relevant information pertaining to the accident, including but not limited to photos and reports on damages done to the vehicle

Once you have all of this in place, you can turn your focus to the official RAF forms:

RAF 1 – Prescribed Statutory Claim Form

This form aims to provide basic information on:

  • The claimant
  • The vehicles involved in the accident
  • The other parties involved in the accident
  • Date and place of the accident
  • The amounts being claimed

The RAF 1 form is also accompanied by a medical report from the treating doctor and an affidavit which stipulates the following:

  • Full particulars of the accident
  • Statements of witnesses
  • Police reports
  • Hospital and medical records
  • Vouchers and documents in support of amounts claimed
RAF 3 – Statutory Accident Report Form

This form must be filled in by all drivers of the vehicles involved in the accident, furnishing details of the accident, and along with it information of witnesses which is commonly requested by the Road Accident Fund.

RAF 4 – Serious Injury Assessment Report

In the case where general damages are being claimed, the claimant must fill in the RAF 4 form which must prove that the injury sustained is serious enough to be awarded compensation for pain and suffering.

Submitting Your Road Accident Fund Claim

Once you have all the supporting documentation you need (these will differ depending on the nature of your injury as well as what you are claiming for) and filled in the relevant forms, you will need to submit hard-copies to the Road Accident Fund.

Should you fax your documents, you will still be required to issue the RAF with hard copies. Emailed documents are not accepted.

From here, the RAF will determine whether your claim is valid, what the merits of the case are, and the amount of damages or losses suffered.

Always make sure that your forms are filled in correctly and make copies of all the documents for your own record. Once your claim is processed, the legal proceedings will commence.

Van Deventer & Van Deventer Incorporated – Personal Injury Attorneys in Cape Town and Johannesburg

If you have been a victim of a motor vehicle accident and believe you qualify to claim compensation from the Road Accident Fund of South Africa, our attorneys can assist you throughout the entire process.

Contact us to find out more.

Comments are closed for this post, but if you have spotted an error or have additional info that you think should be in this post, feel free to contact us.


Subscription

Get the latest updates in your email box automatically.

Search