The General Principles Of The Road Accident Fund

by | Jan 6, 2023 | Civil Litigation and Alternative Dispute Resolution, Publications

The Road Accident Fund is a public entity set up to compensate persons who were seriously injured in  motor vehicle  accidents. In terms of section 3 of the Road Accident Fund 1996  (Act  No  56  of  1996); “the object of the Road Accident Fund shall be the payment of the compensation in accordance with this Act for loss or damage wrongfully caused by the driving of a motor vehicle.”

Who May Claim?  

The following persons 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 – who must be assisted by a parent, legal guardian, or a legal representative.

What Can You Claim?  

The Road Accident Fund provides compensation for:

  • Past hospital and medical expenses;
  • Future hospital and medical expenses;
  • Past loss of earnings;
  • Loss of future earnings and loss of support;
  • General damages / Non-Pecuniary Loss

A claimant will only be compensated for general damages if the injuries sustained by the claimant are “serious”. To prove that an injury is serious, a claimant must prove –

  • That there is a 30% or more “whole person impairment” (WPI) for the injuries; or
  • If the injuries do not result in a 30% or more WPI, then general damages may still be claimed if the injuries fall within what is known as the “narrative test”, i.e. the injury –
    • resulted in a serious long-term impairment or loss of body function;
    • resulted in the loss of a foetus;
    • constitutes permanent serious disfigurement; or
    • resulted in severe long-term mental or behavioural disturbance or disorder.

By When Do You Need To Submit Your Claim? 

 Identified claims (where the identity of the driver or owner of the guilty motor vehicle is known) must be lodged with the Road Accident Fund within 3 years from the accident’s date and finalised within 5 years from the date of the accident.

Hit and Run claims (i.e. where the identity of the driver or owner of the guilty motor vehicle is unknown) must be lodged with the Road Accident Fund within 2 years from the date of the accident and must be finalised within 5 years from the date of accident.

Conclusion 

Claiming from the Road Accident Fund is a complex, challenging, and time-consuming process. Although it is possible for a claimant to claim from the Road Accident Fund directly, it has been proven time and again that claimants with suitable legal representation have more success. Those claimants with legal assistance tend to receive higher compensation than those who claim directly. Furthermore, an attorney can assist you in ensuring that your claim is properly quantified and submitted to the Road Accident Fund in accordance with the rules and regulations.

Contact an attorney at SchoemanLaw for your legal needs!