The Road Accident Fund Act was amended on 1 August 2008 whereby the minimum requirements to claim against the Road Accident Fund ("RAF") were significantly increased. Presently a road accident victim can only claim non-pecuniary loss from the RAF if that victim sustained a serious injury.
An injury suffered will only be determined as serious if that injury:
- resulted in a serious long-term impairment or loss of a body function;
- constitutes permanent serious disfigurement;
- resulted in severe long-term mental or severe long-term behavioural disturbance or disorder; or
- resulted in loss of a foetus.
Our firm specialises in claims against the Road Accident Fund and will be able to advise and assist you to be assessed by the top medical practitioners to assess your injury and whether it qualifies as serious or not.
This does not mean that road accident fund victims are prohibited from claiming all medical expenses incurred, future medical expenses to be incurred, past loss of earnings and/or future loss of earnings and/or earning capacity. These claims still exist in our law as well as claims in respect of loss of a breadwinner in the family.
So who can claim? The answer is simple:
- Drivers not at fault;
- All passengers including minors;
- Surviving spouse/life partner in respect of funeral expenses and loss of financial support.
- Minors in respect of loss of financial support.
If you think you have a claim, complete your request below and we will give you a call.
I want to thank the team for every single thing you have done for me for the past years. I really do appreciate it; such as paying for and sending me to the best doctors and advocates in Port Elizabeth. Thank you for making my claim such a HUGE success - you really have done an amazing job! Without your ... read more