road accident fund claim for death
In … The Plaintiff brought an action for damages for loss of support arising out of the death of her late husband J B ("the deceased"), as a result of injuries sustained by him in a motor vehicle collision on 5 March 2013. 7. Tel: +27 21 410 1200 In all loss of support claims arising from hit-and-run accidents, claims must be filed within two years of the date of the accident. What you can claim from the Road Accident Fund The Road Accident Fund provides compensation for: medical expenses that result from a motor vehicle accident funeral expenses in the case of a death caused by an accident A Road Accident Fund claim, also known as a third party claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury to themselves, or bodily injury or death of another as a result of a motor vehicle collision. Personal Injury Claims The driver or the owner of the vehicle who was 100% responsible for the accident. But opting out of some of these cookies may have an effect on your browsing experience. These cookies will be stored in your browser only with your consent. For more details of exactly what can be claimed, see What You Can Claim if a Family Member Dies in a Road Accident. The Road Accident Fund provides compulsory cover to all users of South African roads against injuries sustained or death arising from accidents involving … In an accident where the identity of the negligent driver or vehicle owner is known, a claim for loss of support must be submitted to the RAF within three years of the date of the accident or the date of death, if the claimant is over the age of 18 years old. It provides cover for personal injury, funeral expenses, loss of earnings and loss of support … MILLAR AJ. The driver or the owner of the vehicle where they were the only person involved in the accident. In addition, you need to submit documents to substantiate your claim. The Road Accident Fund (the Fund) is a state funded insurance that provides for compensation to the victims of road accidents that occurred within the borders of South Africa. The RAF is a governmental agency and as such, will try to … The real strength of your case and payout is based on the evidence you submit so that the RAF can assess what remuneration to pay you out. If your claim is rejected, you can challenge the decision by suing the RAF: many lawyers will consider instituting a lawsuit on your behalf on a contingency basis, what this means is you only pay them if you get a payout. The form asks for basic information about the claimant, as well as details of the accident. It is mandatory to procure user consent prior to running these cookies on your website. You also have the option to opt-out of these cookies. Road accident fund claims Road accident fund claims were previously known as Third Party Claims. A road accident or third party claim is a claim for compensation resulting from personal injury (such as whiplash) to or the death of a person, like the death of a breadwinner, in a motor vehicle accident. Services Road Accident Fund At the time of his death, the deceased was employed by Tiger Packaging (Pty) Limited and was earning a salary of R 9 000, 00 per month. In all loss of support claims arising from hit-and-run accidents, claims must be filed within two years of the date of the accident. Cape Town The new regulations limit who can claim and what and how much the can claim for. The Road Accident Fund will not pay you if: You are not physically injured. Involved in a Road Accident? You do not have to use an attorney to make a claim to the RAF, the Fund employs Information officers at all branch offices of the Road Accident Fund to assist claimants free of charge. You were the driver, 100% to blame and no other vehicles were involved. It sounds so easy doesn’t it, I am sorry to say it is more complicated than proving you were not at fault. Your accident was outside the borders of … If a minor is claiming compensation for loss of support, the claim must be submitted within three years of the minor reaching the age of 18. During the 2016-2017 financial year, the RAF’s total expenditure on funeral claims increased by 13 % from R11… A minor cannot claim compensation for loss of support until they are 18 years old; at which time they have three years to submit a claim. These cookies do not store any personal information. Law clinics based at Universities provide free legal services such as; If you were involved as a driver, to what extent were you responsible for causing the road accident, The nature and severity of your injuries, and their likely consequences in the short and long term, as determined by medical experts, Current and likely future medical costs associated with your injuries. The value that can be claimed is capped based on a value set in 2008 (R160,000), adjusted quarterly for inflation. 10th Floor RAF claims can be complex. Both South African citizens and foreigners are covered by the fund. 8000, South Africa, International The attorney can guide you through the claims process, ensure that you provide the necessary substantiation to the RAF and assist you during settlement or court proceedings. As well as compensating those injured in accidents on South African roads, the RAF compensates families for loss of support in the case of the death of a breadwinner. Past and future loss of earnings or support which is limited to a maximum amount of R160 000 adjusted quarterly for inflation since 2008, regardless of the actual loss incurred. Claiming from the Road Accident Fund If Someone Is Deceased, What You Can Claim if a Family Member Dies in a Road Accident, claims arising from hit-and-run accidents, a certified copy of the deceased’s identity document, a death certificate and, if available, post-mortem report, a marriage certificate, if the claimant is the spouse of the deceased, an unabridged birth certificate, if the claimant is the child of the deceased. If you were injured, you can claim compensation for the following: Note that the General damages category will change depending on when the 2019 draft Road Accident Benefit Scheme Bill comes into effect. We recommend that you carefully weigh up the cost of getting legal advice vs having your claim rejected, prior to lodging the claim with the RAF. In the future the new Road Accident Benefit Scheme will change the RAF from a fault system to a no-fault basis, similar to other social-security funds in SA. Any driver, passenger, pedestrian, cyclist or motorcyclist involved in an accident can claim from the RAF – except where the injured person is 100% to blame for the accident. For example, you crashed into a wall or other obstacle and injured yourself, and nothing else contributed to the accident. In an accident where the identity of the negligent driver or vehicle owner is known, a claim for loss of support must be submitted within three years of the date of the accident or the date of death.