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PERSONAL INJURY CLAIMS/RAF CLAIMS

A third-party claim is a claim for compensation resulting from personal injury to or the death of a person, e.g. the death of a breadwinner, in a motor vehicle accident. Such a claim will lie against the RAF, which is a statutory body. Third party claims only relate to bodily injuries sustained by a person, and does not cover for damages to the motor vehicle or other assets these claims can only be brought against the owner or the driver of the vehicle in question.

The following persons will be entitled to claim from the RAF

A person who was personally injured (except a driver whose negligence was the sole cause of the accident) including a claimant under the age of 18 years, provided he is assisted by a parent or legal guardian
A dependant of a deceased victim
A representative of the estate of a deceased or a close relation in respect of funeral expenses
This includes:

Drivers
Passengers
Pedestrians
Cyclists
Motorcyclists
Pillion passengers on a motorcycle
A dependent of a deceased breadwinner
A person who paid for funeral expenses
Any person under the age of 18 years must be assisted by a parent, legal guardian or curator ad litem.

Types of damages that may be claimed against the Road Accident Fund are:

Past & future medical & hospital expenses.
Past & future loss of earnings
Past & future travelling expenses to obtain essential medical treatment.
The cost of medical treatment and medication.
The cost of employing domestic servants, nurses or assistants as a result of the injury sustained.
General damages (an amount for pain, suffering, inconvenience, disfigurement and loss of the amenities of life).
Examples of categories of damages arising from death:

Loss of maintenance or support.
Funeral costs (limited).

Our fee structure on RAF Matters is as follows:

We have an added advantage to our clients because we act on a “no win no fee” basis.
we know and understand that most people don’t have the funds to pay attorneys to lodge a claim against the Road Accident Fund. Therefore, we will proceed with our clients’ claims on a contingency fee basis.

This means that we will submit your claim and carry the necessary expenses ourselves, while only claiming a fee from the pay out of your finalized claim. This type of fee agreement is perfectly legal and is regulated by the Contingency Fee act for your protection and peace of mind that you won’t be overcharged.