Can I claim from the road accident fund? It’s a question that many people have asked. The process of claiming from the road accident fund can be daunting. Many people have opinions and expectations. Also, we all know that one person who is an expert in all things, and these people can confuse things. In this article, I aim to demystify the qualifying criteria for claiming from the RAF.
To help clarify things, we need to take a look at the mandate of the Road Accident Fund. The mandate in full is on the RAF website. There are a few things that should be noted:
- Parliament instituted the RAF in 1997 as a juristic person
- The RAF is governed by the RAF act (1996)
- The RAF is responsible to provide adequate cover to all road users within the borders of South Africa.
- The RAF is mandated to compensate and rehabilitate any persons injured in a road accident that was not their fault.
Section 3 of the RAF Act stipulates that “the object of the Fund shall be the payment of compensation in accordance with this Act for loss or damage wrongfully caused by the driving of a motor vehicle”.
The road accident funds clients comprise of both South Africans and Foreigners. The RAF provides 2 types of cover
- Personal insurance cover to accident victims or their families
- Indemnity cover to wrongdoers.
The RAF also has a socio-economic responsibility. This responsibility is to reintegrate victims of road accidents back into society. This is achieved by paying medical bills and related costs and to restore accident victims to health, compensating victims and their families. In addition to medical bills the RAF compensates for the following:
- Pain and suffering
- Loss of amenities of life
- Disability and disfigurement
- Funeral costs to families in circumstances where the victim of the accident sustains fatal injuries.
The Road accident fund is governed under schedule 3A of the PFMA. Oversight is provided by the Government:
- Parliament (National Assembly) through the relevant Portfolio Committee and the Standing Committee on Public Accounts (SCOPA)
- The Executive Authority, the Honorable Minister of Transport
- The Board of the RAF.
Who qualifies for a claim?
Here is the answer to the main question; Can I claim from the road accident fund? According to the RAF leaflet, the following is stated.
Who is entitled to make a claim? An injured person (except where the injured person is 100% to blame for the accident). A dependent of a deceased person (except where the deceased person is 100% to blame for the accident). A close relative of the deceased in respect of funeral expenses. A parent or legal guardian of a minor child. A foster parent in respect of past medical expenses incurred by him/her. An executor of the deceased’s estate. A curator ad litem.
How to claim?
The process of claiming from the RAF has a few steps and there is paperwork that needs to be filled in. We cover it all in this article
How do I get paid out?
The RAF makes every effort to ensure that payouts are made quickly. However, with the backlog of awards and settlements payment can take up to a year to process. Our article on How to easily make a claim from the RAF First Financial can help get you your money in a timely fashion by offering you bridging finance.
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