South Africa’s roads are extremely dangerous, with almost 135 000 people having died in car accidents over the past decade.
If you’ve been seriously injured or a breadwinner in your family has been killed in a road accident, you may be able to claim compensation from the Road Accident Fund (RAF). To pursue a claim, it’s ideal if you can take certain steps. Here’s what you can do to prepare a claim.
At the scene of the accident
The last thing you want to do is weaken a potential RAF claim by making mistakes at the scene of the accident. Keep the following things in mind.
1. Ensure you follow the correct procedure after an accident
Immediately after an accident occurs, do the following, if you’re able:
- pull over safely
- call emergency services
- help the injured
- get necessary details from other parties
- don’t consume any intoxicating substance
- report the accident.
2. Avoid inadvertently admitting liability
You might instinctively want to say something like “I’m sorry” to other individuals involved in the accident. Sometimes this is a natural response to seeing someone else hurt, shocked or even angry. However, doing this could be interpreted as admitting liability for the accident. Avoid saying anything that could incriminate you.
3. Gather evidence
If you’re able, ask witnesses for their contact details, take photos of the damage and the conditions on the road and document anything else you think might be relevant in supporting your claim.
4. Stick to the facts
When speaking with the police, medical personnel or other authorities, ensure you stick to the facts. Exaggerating or making claims you’re not really certain of could significantly weaken the credibility of a claim – and lying could even lead to criminal charges.
5. Avoid posting on social media
It’s worth noting that anything you post on social media can be used as evidence, during the claims review process and in court. You might be tempted to vent but sharing information about your claim or the car accident could mean the difference between a successful claim and a failed one.
6. Get examined by a medical professional
It’s in your best interests to visit a medical professional as soon as you can. Some injuries may make themselves known only hours or even days after a collision. If you don’t visit a medical professional soon after the accident, you may have difficulty proving that delayed injuries are because of the accident.
Making your claim
Under South African law, it’s not possible to sue another person for compensation for injuries sustained in a road accident.
However, unless you were completely at fault for the accident, you can claim from the RAF for serious personal injury – provided the claim is made within the required time following the accident.
What you can claim for
In a claim against the RAF, you may be entitled to claim compensation for:
- past and future medical expenses due to injuries resulting from a road accident
- loss of income due to injuries sustained in a road accident
- loss of support and funeral expenses, if a breadwinner in your family has died in a road accident.
What you’ll need to make your claim
You’ll need to provide your attorney with the following documents to pursue a claim with the RAF:
- details of all the parties involved in the crash, where available
- medical reports, receipts and other documents
- a certified copy of your proof of residence
- a certified copy of your ID
- a police report and case number
Pursuing a RAF claim is a time-consuming task with many complexities, including the submission of specific forms and evidence.
A reputable lawyer will guide you through the process of claiming – from determining how much you can claim to gathering the necessary evidence and documentation to support your claim, filing the claim, tracking its progress and following up if there are unusual delays.
Be aware that once you accept a settlement from the RAF, there’s no further opportunity to dispute it. Many road accident victims accept RAF settlements that are too low. A suitably experienced attorney can guide you through the process, helping ensure you get the compensation you deserve.