SARAH FRITZ
The Road Accident Fund (“RAF”) is a statutory body whose objective is to provide compensation for all persons who have suffered any loss or damage, due to death or bodily injury as a result of the negligent driving of motor vehicles within the borders of South Africa.
While the RAF makes provision and promotes for the claimant to claim directly from the fund, this is most certainly not the case. Direct claims are not in the claimant’s best interest for the following reasons:
- It is time consuming.
- Delays caused due to lack of and or contradicting evidence.
- Ability to source the documents and or medical reports.
- Your claim may be under-settled.
- Delays on the part of RAF.
- The risk of delays of payment.
The best approach is to appoint a specialist attorney to represent you and ensure that your injuries are assessed by the relevant experts and that your claim amount is accurately calculated.
WHAT ARE THE REQUIREMENTS TO SUBMIT A RAF CLAIM
- The prescribed RAF 1 Form must be completed fully and accurately.
- The following documents are required to accompany the prescribed RAF 1 Form:
- A statutory affidavit by the claimant describing the details of the accident.
- A Statutory Medical Report compiled by a medical doctor.
- A SAPS Docket containing a copy of the OAR, witness statements and Police sketch plan and key of the accident.
- Photographs of the accident.
- Photographs of the injuries sustained by the claimant.
- Documents to prove loss of earnings such as pay slips contract of employment.
- Hospital and medical records.
- Medico Legal Reports compiled by various medical experts.
The above documents are often difficult to obtain and very costly. With the assistance of a specialist attorney, the attorney takes it upon themselves to request all the required documents and furthermore cover the costs involved. However, should the claimant choose to claim directly from the RAF, the claimant will be expected to source and pay for the documents themselves.
ATTORNEYS INVOLVEMENT IN THE EVENT OF A DISPUTE
Should a dispute arise relating to a RAF claim, the specialist attorney is armed with the knowledge and expertise to assist the claimant by way of instituting legal action against the RAF and to force the RAF to meet its legal obligation pay what is fair and due to the claimant. The attorney will represent you in court and handle settlement negotiations with the RAF on the claimant’s behalf, up to and including the payment of the claim.
THE BEST OUTCOME FOR A RAF CLAIM
When claiming against the Road Accident Fund, it is far more beneficial for a claimant to instruct a qualified and experienced specialist attorney, as opposed to claiming directly from the Road Accident Fund.
Most attorneys will assist with RAF matters on a contingency fee basis, which means that legal costs will not be payable unless the claim is successful.
The specialist attorney will provide the claimant with correct legal guidance by assisting the claimant in determining how much they are entitled to claim from the RAF and building the strongest possible claim to ensure that the claimant is awarded the compensation they deserve.
Contact BLC Road Accident Fund Claims Department on 063 708 7593 or e-mail at rafclaims@blclaw.co.za
