What is the Road Accident Fund?

The Road Accident Fund is a state insurer in South Africa that was established in 1996 by an Act of Parliament. The fund provides mandatory cover to individuals, whether foreigner or resident, who sustained injuries or died as a result of vehicular accidents that occurred within the borders of South Africa. The fund, however, does not cover property damage (buildings, vehicular contents, or vehicle) resulting from a road accident.

Who is entitled to make a claim and legal assistance

Who can make a claim? 1) An individual who has been personally injured (except a driver who has been found to have caused the accident). 2) A dependant of a victim who perished in a car accident. 3) An individual who is closely related to the deceased in respect of funeral costs. 4) Someone who files for a claim, but is under 21 years old, needs to be assisted by a legal guardian or parent. Is a lawyer or counsel required? The fund has information officers assigned in all Road Accident Fund branches to provide free assistance to claimants. However, an individual claimant is not prevented from hiring an attorney or a lawyer. An attorney is allowed to charge a professional fee for all the services that he has rendered to his client.

Processing time and undertaking

How long does it take to process a claim? The lawyer could issue summons for 120 days after the filing of a claim. This affords the claims handler 120 days to finalise or complete all related probes and investigations. Whenever the RAF receives a summons, the claims handler will typically request for an extension for the maximum period permitted to enter a defense appearance. This period will be utilised to determine if the claim can be resolved without having to resort to judicial proceedings. The lawyer, however, has the prerogative to grant such requests for extensions. The length of time needed to settle a claim would depend on the availability of all necessary information and the complexity of the claim. What is an Undertaking? An Undertaking is a binding contract between the Road Accident Fund and you, the victim. Simply put, it means that you can receive compensation from the Road Accident Fund for the expenses you paid for the treatment of the injuries you suffered in a vehicular accident.