The Road Accident Fund (RAF) provides compulsory cover to road users in South Africa, offering indemnity insurance to those who cause accidents and personal injury and death insurance to victims and their dependents.
Financial Challenges and Legislative Changes
Despite its critical role, the RAF has faced financial difficulties, with numerous claims remaining unpaid despite fuel levy increases. Parliament is currently considering the Road Accident Benefit Scheme Bill as a potential replacement for the RAF to enhance sustainability.
Who Can Claim from the RAF?
Under the RAF Act (Act 56 of 1996, amended by Act 19 of 2005), eligible claimants include drivers, passengers, and pedestrians involved in motor vehicle accidents. Dependents of deceased victims and legal guardians of minors are also eligible to claim.
Types of Compensation Available
Compensation from the RAF can cover:
- General Damages: Non-pecuniary losses such as pain, suffering, and loss of amenities.
- Hospital and Medical Expenses: Current and future medical costs.
- Loss of Earnings: Past and future income loss, capped annually.
- Funeral Costs: Expenses related to the burial of a deceased victim.
- Loss of Financial Support: Compensation for dependents of deceased breadwinners.
Qualifying Injuries
RAF claims cover injuries deemed serious by medical professionals, including:
- Whole Person Impairment: Permanent impairment affecting the entire body.
- Permanent Disability: Severe long-term impairments or disfigurements.
Timeframes for Submitting Claims
Claims must be submitted within specific timeframes:
- Known Details of Other Driver/Vehicle: Within 3 years of the accident.
- Unknown Details of Other Driver/Vehicle: Within 2 years of the accident.
- Victim is a Minor: Within 3 years after turning 18.
How to Submit a Claim to the RAF
Follow these steps to submit a claim:
- Gather Required Documents: Including RAF claim forms, police reports, medical records, and financial evidence.
- Complete RAF Claim Forms: Available on the RAF website.
- Submit Documents: Original documents must be provided; faxed copies are accepted.
RAF Investigation and Settlement
Upon submission, the RAF investigates claims within 120 days. If unresolved, claims may proceed to court. Legal representation is advisable for navigating court processes effectively.
How to Check Your RAF Claim
To check your RAF claim status:
- Call Center: Contact the RAF call center at 087 820 1 111 or 012 621 1691.
- Email Inquiry: Send an email to complaints@raf.co.za.
Average Processing Time
RAF claims typically take 3 to 6 years to process, depending on complexities and court proceedings. After court settlement, it may take additional months to receive compensation.
Building a Strong RAF Claim
To strengthen your RAF claim:
- Gather Comprehensive Information: Detailed records and expert assessments bolster your case and expedite processing.
- Legal Assistance: Consider legal representation to navigate RAF complexities and maximize compensation.
Navigating RAF claims requires patience and diligence, but with proper documentation and, if necessary, legal support, claimants can secure fair compensation for their injuries and losses.