The Road Accident Fund (RAF) is a government-run insurance scheme that operates in terms of the Road Accident Fund Act 56 of 1996. It was established to provide compensation to all users of South African roads, including citizens, tourists and foreign nationals, who have suffered bodily injuries or to the dependants of those who have died as a result of reckless driving. The RAF’s main responsibility is to provide appropriate cover and rehabilitation, as well as to compensate victims in a timely and caring manner. They are also responsible for promoting the safe use of all South African roads.
However, many people are still unaware of what the RAF is, how it works, what you can and cannot claim for, as well as what benefits you may be entitled to. In this article, Scorpion Legal Protection will explore the basics of the RAF and what you need to know.
How much time do you have to make a claim?
Claims need to be lodged within 3 years from the date of the accident if the driver and/or owner of the vehicle at fault has been identified. If it is not possible to identify the owner or driver of the vehicle at fault, then the claim must be lodged within 2 years. After the claim is lodged, there is a waiting period of 120 days. Thereafter, a summons needs to be issued within 5 years from the date of the accident. If your claim is lodged late or summons is not served in time, your claim will become invalid.
What you can and cannot claim for
Claims can only be made for damages from serious injuries or death. Below are some of the severe, life-impacting injuries the RAF considers serious (this list is not exhaustive):
- Brain injuries
- Spinal cord or neck injuries
- Any kind of amputation
- Long-term mental disorder
The RAF does not cover the following claims:
- Loss or damage to property as a result of an accident
- Damages to your vehicle
- Minor injuries with no life impact
Who can claim from the RAF?
Any person who has sustained serious bodily injuries, or the dependants of those who have died as a result of a road accident, may claim from the RAF, including:
- Drivers of vehicles who were not the sole cause of the accident
- Passengers
- Pedestrians
- Cyclists
- Dependants of a breadwinner that died in an accident
Who cannot claim from the RAF?
- Bus drivers
- Taxi drivers
- Delivery services drivers
It is important for everyone to understand and be informed about how the RAF works, as well as what you can and cannot claim for to avoid disappointment. Scorpion Legal Protection has a designated department that assists members with queries and RAF claim submissions.
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*This is basic legal advice only and should not be relied on solely. Information is correct at the time of publication.