The RAF also known as the Road Accident Fund is a state-supported insurance fund comprising of contributions from South African motorists.nnEvery time you purchase petrol or diesel you automatically contribute to a statutorily prescribed levy, which as of April 2019, following a fuel-levy increase, sits at R1.98 per litre for petrol and diesel. This levy is then used to finance the RAF.

Who can claim from the RAF?

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.nnIn addition, a dependent of a deceased person may make a claim – except where the deceased person is 100% to blame for the accident.nnBoth South African citizens and foreigners are covered by the fund.nnIn 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. This simply means that even if you were at fault or partly at fault you can claim compensation.

Who cannot claim from the RAF?

The driver or the owner of the vehicle who was 100% responsible for the accidentnThe driver or the owner of the vehicle where they were the only person involved in the accident. For example, you crashed into a wall or other obstacle and injured yourself, and nothing else contributed to the accident.nA dependent or family member of a deceased person who was 100% responsible for the accident

How easy is it really to submit a claim to the RAF?

Despite what the RAF says, the process is not as simple as they would like you to think. The RAF’s 3 step process of gather, complete and submit sounds easy enough, however you must take the process seriously and be as thorough as you can because your claim is weighed up by the supporting evidence you provide. And this evidence is left up to you to prepare, meaning you may not know which evidence will help or hinder your case.nnWhile the RAF does pay millions out each month, many claims are rejected due to lack of evidence or contradictory evidence provided when submitting a claim. And while the RAF encourages people to make claims directly without a lawyer, we suggest you seriously weigh up the pros and cons of doing it on your own versus working with an attorney.

How does the RAF determine the value of a payout?

When determining the value of the amount to be paid to an accident victim, the RAF looks at a number of factors such as:nnIf you were involved as a driver, to what extent were you responsible for causing the road accidentnThe nature and severity of your injuries, and their likely consequences in the short and long term, as determined by medical expertsnCurrent and likely future medical costs associated with your injuriesnThe extent of loss of income or support as a direct result of injuries sustained in a road accident.nNote that the RAF pays road accident victims general damages for pain and suffering only in cases of serious injuries.

Road Accident Fund

How to Claim from the Road Accident Fund.

If you have been involved in an accident on South African roads you may be eligible to claim from the Road Accident Fund (RAF),

whether you are a citizen or not. In this article, we explain how to claim from the RAF as well as give tips and advice compiled by research from some of the top websites and experts in the country.

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Latest news on claiming from the RAF in 2019

At the time of drafting this article, the RAF is in the final process of amending the general damages payouts to road accident victims. This basically means that victims will no longer get a payout for general damages. General damages are paid to people for what is known as ‘pain and suffering’ and can include trauma. Below find out a very brief summary of the RAF changes which will take place in the future.

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The proposed changes: Road Accident Benefit Scheme Bill

In 2005 general damages claims were limited to serious pain and suffering only. Now the RAF plans to drop these payouts altogether. The RAF also plans to set up a standard medical tariff for medical costs and adjusting its payouts to be made on a monthly basis, instead of a lump sum.

A draft bill called RABS for Road Accident Benefit Scheme will change how to claim from the RAF substantially. The reasons behind the draft bill includes the rise in fraudulent claims which has hurt the RAF, and the fact that it has a R215bn liability. RABS seeks to lower the costs of legal cases against the RAF significantly.

While this bill has been touted as a shift in approach from the RAF as an insurance fund to a social-security benefit system, mismanagement cannot be ignored and the RAF should be under more scrutiny.

A well-meaning amendment bill which benefits lower-income people more than higher-income people is not a bad thing, however the RAF should be held more accountable with stricter people management, systems, as well as checks and balances to manage an entity that has such an important mandate.

Anyway, this is not a political article so let’s get on with how you claim from the RAF in 2019, until the new bill is ratified by Parliament.

What does this mean for any claim you may have against the RAF?

You will need to join the queue of existing claims that need to be paid out; expect a wait as RAF claims can take up to seven years to settle. In addition, you could possibly be facing a legal battle ahead.

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