What is a Road Accident Fund Claim?
These are claims for compensation arising from the negligent driving of a motor vehicle, for any loss or damage suffered as a result of bodily injuries sustained, or the death of a breadwinner (dependant’s claim).
What can I claim?
If you are personally injured in a motor vehicle accident which was not your fault, you could potentially claim the following:
1. Past hospital and medical expenses:
These will be the hospital and medical expenses incurred by you in treating the injuries you have sustained in the accident, from the date of the accident to the time that your case is finalised with the Road Accident Fund Claims.
2. Future hospital and medical expenses:
This relates to all the treatment you will be required to undergo for injuries sustained in the accident from the date of finalisation of your claim. The Road Accident Fund will furnish you with a certificate of undertaking to pay all the future hospital and medical expenses related to the future treatment of the injuries sustained in the accident, as and when the future treatment has been rendered.
3. Past loss of earnings:
This is related to the loss of earnings you have suffered because of being unable to work as a result of the injuries sustained in the accident. These losses are calculated from the date of the accident to the date that your case is finalised with the Road Accident Fund, and are subject to a CAP (as at 1 August 2008 the cap was in the amount of R160 000.00 per year of loss – this is linked to CPI, the CAP as of 31 January 2018 is R266 200.00 per year of loss).
4. Future Loss of Earnings or interference with earning capacity:
Should the injuries sustained in the accident result in your loss of employment prospects, loss in productivity, early retirement or shortening of your career, the RAF will compensate you for such proven losses subject to the CAP (as of 1 August 2008 the cap was in the amount of R160 000 per year of loss – this is linked to CPI, the CAP as of 31 January 2018 is R266 200 per year of loss).
General damages for pain and suffering, loss of amenities of life, disfigurement and disability:
For you to qualify to claim for this kind of damage, you must be assessed by a medical practitioner who finds one or more of the following:
1. You are 30% or more disabled;
2. You have suffered a serious long-term impairment or loss of body function;
3. You sustained serious disfigurement;
4. You suffered long-term mental or a severe long-term behavioural disturbance disorder.
5. You suffered a loss of a foetus.
Loss of support Claims against the Road Accident Fund:
When the accident results in the death of a breadwinner a claim will arise for the deceased’s dependants and/or estate. As a dependant you could potentially claim the following:
1. Past hospital and medical expenses and/ or funeral costs
These are claimable by the deceased’s estate.
2. Past loss of support
The financial support that the deceased’s dependants have been deprived of from the date of the time of the death of the breadwinner to the date of finalisation of the claim.
3. Future loss of support
The financial support that you as a dependant are deprived of from the date that your claim is finalised to the date that your minor children gain independence or in the case of you as a surviving spouse require, until the retirement age of the deceased.
All of the above potentially claimable damages are dependent upon the facts of your particular case and the ability to prove them.
Contact us today for Road Accident Fund Claims legal assistance!