The process of getting compensation from the RAF can be time-consuming. Once you’ve opened a case with the RAF, there is a lengthy process of investigation.
The RAF has 120 days to do an investigation into the case. They will get the relevant documentation from the insured driver, witnesses and police confirming the description of the accident as given by you (the claimant). They may need to get an assessor to trace the insured driver or any witnesses. They assess this information and decide whether they can pay the claim or not.
If you haven’t received a settlement offer once the initial 120-day period has elapsed, your lawyer can issue the RAF with a summons stating that you’re pursuing the matter in court. The RAF then has to make an offer or defend its decision in court. Be careful that your claim does not prescribe while you’re waiting for the RAF’s processes to take place.
If the RAF decides to pay out a claim, they must conduct a quantum investigation. This is to determine how much needs to be paid out for your pain and suffering, and involves verifying amounts claimed for treatment given by hospitals and doctors as well as all medical reports confirming the seriousness of your injuries. In order to qualify for pain and suffering, you will need to prove that your injuries make up a 30% WPI (Whole Personal Impairment). This means that your injury must qualify as a serious injury. When the RAF has everything they need, their claims handler will make an offer to you or your lawyer. If you do not accept the offer, then negotiation must take place.
If you do accept the offer, the RAF will issue you a discharge form which details the amount of compensation you and the RAF agreed to. You will need to sign this and send it back to the RAF, and once they’ve received the signed discharge form, payment can be made.
There’s no easy answer to the question ‘how long does it take’. It depends on many factors, including how serious the accident was, how serious your injury is, how big or small the claim is, what the experts say and whether or not you accept their first offer – if you don’t, then negotiation and settling things in court will all add time to the process.
Tips:
- Your claim with the RAF can prescribe (expire), so don’t wait too long to start the process.
- The RAF’s processes can take time, as there is a lot they need to investigate and assess before they can make a decision to pay your claim or not.
If you have a query, follow us on our Facebook page and ask your question during our next Live Q&A (the second Thursday in January).
* This is only basic advice and cannot be relied on solely. Names have been changed to protect identity.