South Africa faces one of the highest road accident rates globally, a situation that raises concerns about road safety across the country. According to the World Health Organisation, South Africa reports about 1 million road accidents annually. The fatality rate is an alarming 31.9 deaths per 100,000 people, significantly higher than the global average of 18 deaths per 100,000.
Understanding the Road Accident Fund (RAF)
Tragically, many of these accidents result in fatalities or serious injuries. To mitigate the financial consequences for those affected, South Africa’s Road Accident Fund (RAF) provides compulsory insurance coverage for road users, including both locals and foreign visitors. This coverage allows victims of road accidents to claim compensation for their losses. The RAF offers indemnity insurance for individuals responsible for accidents, as well as personal injury and death insurance for victims and their dependents.
Despite this, the RAF has struggled financially for several years. A large number of claims remain unpaid, even though the fund is sustained by an annual fuel levy of around R2 per litre (as of 2018/2019). Efforts to reform the RAF have led to the introduction of the controversial Road Accident Benefit Scheme Bill in Parliament, which seeks to replace the current system.
Who Can Claim from the RAF?
Financial pressure has prompted changes to the law regulating the RAF, specifically the Road Accident Fund Act 56 of 1996, which was amended by the Amendment Act 19 of 2005. These changes were made to ensure the fund’s sustainability and have imposed limits on who can claim, what they can claim for, and how much compensation they can receive.
The RAF allows claims from drivers, passengers, and pedestrians involved in motor vehicle accidents. A driver can lodge a claim if the accident was caused by another driver or if it involved an unidentified driver or vehicle. Other eligible claimants include:
- Dependents of a deceased accident victim.
- A parent or legal guardian of a minor child (under the age of 18), who must assist the child in filing the claim.
What Can Be Claimed from the RAF?
Once eligibility has been established, claimants must adhere to specific guidelines regarding the type of compensation they can seek. The following categories are available for compensation:
- General Damages: Compensation for pain, suffering, and loss of enjoyment of life due to injuries sustained in the accident.
- Medical and Hospital Expenses: Covers both current and future medical costs as assessed by a medical professional.
- Loss of Earnings: Compensates for past and future income loss resulting from injuries that prevent continued employment. This claim is capped at R191,773 annually.
- Funeral Costs: Compensation for reasonable funeral expenses for deceased victims.
- Loss of Financial Support: Dependents can claim for the financial support lost with the death of a breadwinner, also capped at R191,773 annually.
It is important to note that damages to vehicles are not covered by the RAF. Instead, a separate claim must be made against the responsible driver or through insurance.
Qualifying Injuries for RAF Claims
Not all injuries are eligible for compensation through the RAF. Only serious injuries qualify, and the severity must be determined by a medical professional. Claims are typically assessed for:
- Whole Person Impairment: This refers to permanent impairment of a body part or function, where the overall impairment reaches or exceeds 30%. Such an injury would be classified as “serious.”
- Permanent Disability: This includes severe long-term impairments or loss of bodily function, permanent disfigurement, severe mental or behavioural disorders, or the loss of a foetus.
Time Limits for Submitting a Claim
Strict time limits apply to RAF claims. Missing these deadlines could result in the claim being disqualified. The time frames depend on the specifics of the accident:
South Africa’s Road Safety Crisis and the Role of the Road Accident Fund
- Known Driver/Vehicle: If the other driver or vehicle owner is known, the claim must be submitted within 3 years of the accident.
- Unknown Driver/Vehicle: If the responsible driver or vehicle is unidentified, the claim must be submitted within 2 years.
- Minors: If the victim is under 18, they may submit a claim upon reaching legal age, with a 3-year window after their 18th birthday.
- Legal Proceedings: If the matter proceeds to court, summons must be served in the High Court within 5 years of the accident.
How to Submit an RAF Claim
The RAF has simplified its claims process over time, but it remains a lengthy and involved procedure. Here are the steps to follow:
Step 1: Gather Documentation
Before submitting a claim, all necessary documents must be compiled. These include:
- Completed RAF Claim Forms.
- Police reports, including a sketch of the accident scene and case number.
- Personal details of those involved in the accident.
- Medical records and reports related to injuries.
- Proof of medical expenses incurred.
- Proof of income loss (e.g., salary slips).
- Statements from medical and legal experts.
- Proof of damage to vehicles or nearby structures.
- Witness statements.
- Proof of marriage if the claim is made by a spouse.
Step 2: Complete and Submit Claim Forms
The required claim forms can be downloaded from the RAF’s website. The primary form, RAF 1, gathers information on the claimant, the drivers involved, the accident’s details, and the amount of compensation being claimed. For accidents involving general damages, a Serious Injury Assessment Report (RAF 4) must also be included.
Claims cannot be submitted via email; hard copies must be sent to the RAF. While it is possible to fax documents, the original copies must still be provided. It is important to ensure all forms are completed accurately to avoid unnecessary delays.
Step 3: RAF Investigation
Once the RAF receives the claim, it registers the case in its system and begins its investigation. The fund has 120 days to complete this process. During this time, additional documents or assessments may be requested, including medical evaluations by RAF-appointed practitioners. The RAF will assess the claim’s validity and determine the amount of compensation.
Step 4: Going to Court
If no settlement is offered after the 120-day period, the matter may be taken to court. The RAF will then either propose a settlement or provide valid reasons why it is not liable for the claim. While it is possible to navigate the claims process without legal assistance up to this stage, it is advisable to seek legal counsel if the case goes to the High Court, as the proceedings can be complex.
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Do You Need Legal Assistance for an RAF Claim?
Although the RAF encourages claimants to file directly without legal assistance, the reality is that many claims become complicated. The RAF may offer a low settlement or unjustly reject a claim. Furthermore, representatives are not always knowledgeable about medical issues or legal intricacies, which can result in claims becoming invalid due to mismanagement.
Many personal injury lawyers handle RAF claims on a contingency basis, meaning they will only charge a fee if the claim is successful. In such cases, the lawyer can take up to 25% of the compensation awarded. While legal fees can be costly, having a lawyer can ensure that fair compensation is obtained, and the claimant’s rights are fully protected.
Road Accident Fund Contact Details:
Contact Us
Postal Address
2 Eco Glades Office Park
420 Witch-Hazel Avenue
Centurion
0046
Pretoria
Physical Address
2 Eco Glades Office Park
420 Witch-Hazel Avenue
Centurion
0046
Pretoria
Tel No: (087) 820 1 111
Fax No: (012) 621-1640
SMS: 44930
WhatsApp: (071) 605 4707
Email: Customer Service
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