In South Africa, road accidents are a significant concern, often leading to serious injuries or fatalities. Fortunately, the Road Accident Fund (RAF) provides a safety net for individuals affected by these incidents. This article aims to provide detailed guidance on how to navigate the process of making Road Accident Fund claims, including checking the status of claims, understanding the payouts, and more. It’s designed to assist victims and their families in gaining the compensation they are entitled to under South African law.

Contents

How the Road Accident Fund Works

The Road Accident Fund is a publicly accessible fund created to offer compensation to individuals injured in road accidents or to the families of those who have died as a result of such accidents in South Africa. This fund serves as a publicly accessible, statutory body established by the government to mitigate the financial impact of road accidents for all road users within the country. Here’s an in-depth look at how the RAF operates:

Purpose and Coverage

The primary purpose of the RAF is to provide compulsory cover to all users of South African roads against injuries sustained or death caused by motor vehicles within the borders of South Africa. It is an essential safety net that supports not just the victims but also their families, helping them to cope with the sudden financial demands that arise from road accidents. The RAF covers:

Medical Expenses: All reasonable medical and related expenses are covered, which might include hospital fees, medication, surgery costs, and rehabilitation costs.
Loss of Earnings: If the injured party can no longer work, whether temporarily or permanently, the RAF provides financial support based on the income they were earning prior to the accident.
Loss of Support: Dependents of a deceased accident victim can claim for loss of financial support that the deceased had been providing.
Funeral Expenses: In the case of death resulting from a road accident, the RAF also covers reasonable funeral expenses.

RAF Funding

The RAF is funded through a fuel levy included in the price of petrol and diesel. This funding method ensures that virtually every motorist contributes to the fund, aligning with the principle that the users of the roads are indirectly responsible for covering the accidents that occur.

No-Fault Basis

One of the most significant aspects of the RAF is that it operates on a no-fault basis. This means that compensation is paid regardless of who caused the accident, reducing the need for lengthy litigation processes and allowing for quicker payouts to victims. This policy helps alleviate additional stress on the victims and speeds up their recovery process by providing financial support without the burden of proof.

Exclusions

While the RAF provides broad coverage, it does not compensate for property damage caused by a vehicular accident, such as damage to cars or personal belongings. Its focus remains strictly on personal injury and loss arising from such injuries.

Benefits and Limitations

The benefits provided by the RAF are capped at certain amounts determined by legislation, which means there might be limits on the compensation for various types of damages. These caps are periodically adjusted to accommodate economic changes such as inflation.

Claiming from the RAF

To access benefits, claimants must submit a claim form within a specified period after the accident. The claim must include all required documentation, such as medical reports, proof of earnings, and a police report. The RAF’s administrative process reviews these submissions to determine the validity and value of each claim.

How to Lodge Road Accident Fund Claims

Lodging a claim with the Road Accident Fund is a critical process that requires careful attention to detail. Here’s how to lodge Road Accident Fund claims effectively:

Steps to Submit a RAF Claim

Lodging a claim with the Road Accident Fund is a critical process that requires careful attention to detail. Here’s how to lodge Road Accident Fund claims effectively:

Step 1: Gather Necessary Documents The first step in claiming from the RAF is to compile all the essential documents. The completeness of your documentation directly influences the likelihood of your claim’s success. Here are the documents required to initiate a claim with the RAF:

Standard Documents for Injury Claims:

Statutory Medical Report
Copies of all Hospital & Medical Records as per section 19(e)(i) and 19(e)(ii)
Amount Claimed as Compensation
Certified copy of Claimant’s ID and the Injured’s Identity Document (if different from Claimant)
Unabridged birth certificate (for natural guardians claiming on behalf of minors) or court order (for legal guardians)
Official Accident Report Docket and sketch plan
Consent forms for the RAF to access hospital/medical and financial/earnings records
Court Order or Master’s letter of appointment (if a curator is submitting on behalf of a minor)
Power of Attorney and Contingency Fee Agreement (if represented)
Affidavit and any other required documents as per section 19(f)

For General Damages:

Photographs of injuries or scarring
RAF 4 form for serious injury assessment, completed as per AMA guides
Narrative test, where applicable

For Loss of Earnings:

RAF 4 Form (if applicable), employer’s certificates, proof of other income, tax records, academic records, medical reports documenting disability, official confirmations of other compensation received

For Past Medical Expenses:

Itemized tax invoices and proof of payment for medical expenses

Standard Documents for Death Claims:

Similar documentation requirements to injury claims, including a completed Statutory Medical Report if the deceased did not die at the scene, and additional documents such as the Death Certificate, post-mortem/inquest reports, and documents proving dependency or support claims.

Step 2: Lodge the Claim The claim must be submitted on a prescribed statutory claim form:

Form 1: Use this for claims arising before 1 August 2008. It covers basic information about the claimant, involved vehicles, the accident, and includes a medical report by the treating doctor.
RAF 1: For claims from 1 August 2008 onwards, this form requires similar information and is crucial for new claims.
Form 3: Required for accidents that occurred before 1 August 2008.
RAF 3: For accidents after 31 July 2008, this form must be filled out by the drivers involved in the accident, including witness details as requested by the RAF.

Step 3: Submit Documentation Ensure all forms and documents are correctly filled out and submit them in hard copy. Faxed documents require originals to be sent later, and email submissions are not accepted. Maintain copies of all documents to avoid delays in case of administrative errors.

Step 4: Follow-up and Verification After submitting, verify that all documents have been received and logged by the RAF. Contact the RAF Contact Centre or email them at contactcentre@raf.co.za with the subject line “Backlog Documents” to confirm receipt and ask about any missing documents.

Important Notes:

Original forms are required by the RAF; faxed copies must be followed by the original mailed copies.
Ensure the form is delivered to the RAF; they are not responsible for lost mail.
Submit within the stipulated claim period to avoid forfeiture of the claim.

How to Check Road Accident Fund Claims Status

To check the status of Road Accident Fund claims, claimants can follow these steps:

Contact the RAF Call Center: Reach out via the RAF’s customer service number to inquire directly about the status of your Road Accident Fund claims.
Online Enquiry: Use the RAF’s official website to submit an online enquiry. You’ll need to provide your claim number and other personal information.
Consult Your Attorney: If you are using legal services, your attorney can check the status of the Road Accident Fund claims on your behalf through formal communications with the RAF.

Road Accident Fund Claims Period

The claim period for filing Road Accident Fund claims is crucial:

General Rule: A claim must be submitted within three years from the date of the accident.
Exceptions: If the identity of the driver or owner of the vehicle that caused the accident is unknown, claims must be filed within two years.

Calculating Road Accident Fund Claims Payout

Calculating Road Accident Fund claims involves several factors:

Medical Expenses: Based on actual costs and future estimated medical needs.
Loss of Earnings: Calculated based on the current and potential future earnings lost due to the accident.
General Damages: Typically for pain and suffering, but only in severe cases, and it requires specific medical assessment.

It is advisable to consult with a legal expert or use the RAF’s calculation tools and guidelines to estimate the compensation accurately.

When are RAF Payouts Made After Claiming?

The time it takes for the RAF to payout after Road Accident Fund claims can vary:

General Timeline: It can take anywhere from several months to a few years, depending on the complexity of the claim and how quickly all necessary documentation is provided.
Settlements and Court Judgments: If a settlement is reached or if the claim goes to court, the time frame can be extended.

FAQ: Understanding Road Accident Fund Claims

Q: Who can claim from the Road Accident Fund?
A: Any individual who has been injured in a road accident in South Africa can claim from the RAF, regardless of who was at fault. This also applies to the dependents of deceased victims, and even foreign nationals if the accident occurred within the South African borders.

Q: What expenses does the Road Accident Fund cover?
A: The RAF covers medical expenses, loss of earnings or support, and funeral expenses. However, it does not cover property damage or non-pecuniary damages such as pain and suffering unless the injuries meet a specific legal threshold.

Q: How do I make a claim with the Road Accident Fund?
A: To make a claim, you must complete the appropriate RAF claim form (RAF 1 for accidents after August 2008, Form 1 for accidents before that date). Include all necessary documentation such as medical reports, a police report, and proof of income. Submit these documents to the RAF office either by hand or via registered mail.

Q: Is there a time limit for filing a claim with the RAF?
A: Yes, claims must be lodged within three years of the date of the accident, or within two years if the identity of the person who caused the accident is unknown. It’s crucial to submit your claim within these time frames to ensure eligibility for compensation.

Q: Can I claim if the accident was my fault?
A: Yes, the RAF operates on a no-fault basis, which means compensation is provided regardless of who was responsible for the accident. This approach helps to expedite the compensation process.

Q: What happens if my claim is rejected?
A: If your claim is rejected by the RAF, you have the option to seek legal advice and potentially challenge the decision in court. It is advisable to consult with a lawyer who specializes in RAF claims to explore your options.

Q: How long does it take to receive a payout from the Road Accident Fund?
A: The duration for receiving a payout from the RAF can vary greatly depending on the complexity of the claim and the completeness of the submitted documents. Generally, it can take from several months to a few years. Engaging a lawyer can sometimes expedite the process.

Q: Can I manage my RAF claim without a lawyer?
A: Yes, it is possible to manage your RAF claim without legal assistance; however, navigating the claims process can be complex and time-consuming. Legal expertise can often improve the chances of a successful claim and maximize the compensation received.

Q: What should I do if I am not satisfied with the compensation offered?
A: If you believe the compensation offered by the RAF does not adequately cover your losses, you can contest the settlement amount. Again, this is usually more effectively handled with the assistance of a lawyer experienced in dealing with RAF claims.

Navigating Road Accident Fund claims and understanding the processes involved in making a claim can be daunting. However, with the right information and guidance, claimants can effectively manage their Road Accident Fund claims and receive the compensation they deserve. It is always advisable to seek professional advice to ensure that all aspects of the claim are correctly handled and maximized.