- Were you or a loved one injured in a motor vehicle accident? Find out how we can assist you to claim compensation from the Road Accident Fund.
What is a claim against the Road Accident fund?
A claim against the Road Accident fund is known as a third party claim. It is a claim by a person, or the dependants of a person, who was injured or who died as a result of a motor vehicle accident caused by another negligent driver. Third party claims are instituted against the Road Accident Fund, automatically stepping into the shoes of the negligent driver who caused the accident, thereby compensating the injured party for injuries suffered and the sequelae thereof.
Who can claim compensation from the Road Accident Fund?
Drivers, passengers, pedestrians, cyclists and motorcyclists can all claim from the Road Accident Fund, as long as they were not entirely responsible for the accident. The Road Accident Fund provides cover for both South Africans and foreigners involved in accidents on South African roads. You are also entitled to claim for loss of financial support if the breadwinner in your family dies in a motor vehicle accident, as long as the breadwinner was not entirely responsible for the accident.
What can you claim for?
If you are injured in an accident, you can claim for:
- your medical expenses;
- compensation for pain, suffering and disfigurement (this is called general damages);
- loss of financial support from the breadwinner in the family;
What is general damages?
- While every personal injury case will be different, general damages can include: physical pain and suffering, physical disfigurement and physical impairment.
- This is an amount of money that you are given for the pain and suffering you have endured and it is based on case law handed down by Courts over the years.
- The Road Accident Fund Act restricts claimants from claiming general damages and only if the injuries are proved to be ‘serious’.
- Section 17 of the new RAF Act requires certain medical practitioners to determine whether a claimant has suffered a serious injury by undertaking an assessment through which a process of elimination, prescribed in the Regulations, is followed and in terms of the American Medical Association’s Guides to the Evaluation of Permanent Impairment, (“the AMA Guides”).
- If the Whole Person injury resulted in 30% or more impairment of the Whole Person as provided in the AMA Guides, the injury shall be assessed as serious.
- If the Whole Person Impairment (WPI) is less than 30 % the medical practitioner may assess an injury as ‘serious’, the so-called ‘Narrative Test’, if the injury resulted in:
- A serious long-term impairment or loss of a body function;
- Permanent serious disfigurement;
- Severe long-term mental or severe long-term behavioral disturbance or disorder; or
- Loss of a foetus.
If the breadwinner in the family dies in an accident and the cause of the accident was not entirely his fault, the dependants of that person can claim for loss of support.
A ‘dependant’ is someone who depends on someone else for food, clothes, shelter, etc. You will only succeed with a third party claim as a dependant if the breadwinner had a legal duty to support you. For example, the widow of someone who dies could claim compensation for herself and the minor children of the deceased.
Why do you need an Attorney?
Negligence
You have to prove that somebody else was driving negligently for your claim to succeed. A driver will be negligent if you can prove on a ‘balance of probabilities’ that he or she did not drive the vehicle in a way in which a reasonable driver would have driven in the same circumstances. However, if the person who is claiming compensation from the RAF was partly to blame for the accident, then he or she would also be regarded as negligent in the circumstances. In this case the Apportionment of Damages Act says that if you suffered damages caused partly by your own fault and partly by the fault of another person, the court will reduce the amount of damages in its award equal to the percentage that it feels you contributed to the accident.
Time limits / Prescription periods
You must lodge the claim within three years from the date of the accident, if you know who caused the accident. If you don’t know who caused the accident, you have two years to lodge the claim. Whatever the case, your claim must reach the Road Accident Fund in time, or you will lose the right to claim.
Attorneys Costs
At the first consultation with your attorney, you should enquire about the legal costs involved. Don’t wait until the end of the court case or settlement to consult with your attorney about how you are going to pay and how much it will cost you.
‘No-win no-fee’ – Contingency Fees
Professional fees at Pretorius Attorneys Inc. are rendered on a no-win no-fee basis in terms of the Contingency Fees Act 66 of 1997 in terms whereof the practitioner is entitled to charge double his normal rate to a maximum of 25% (twenty five percent) (VAT included) of the capital awarded to the client. In the event of Pretorius Attorneys Inc. advising a client that he has no prospect in pursuing a matter, no professional fee is levied from the enquiry or services rendered.
How do you determine the amount general damages?
You would generally receive an amount similar to that amount which somebody else was awarded by a Court in the past for a similar injury. This will also depend on the nature of the injury itself, how severe it is, the treatment you have had, and the effect it had on your life. So, even the same injury can have different awards and the fact that you’ve had a previous claim, or pre-existing medical conditions, may also affect your award. This is another reason why you should appoint an attorney to assist you in receiving maximum compensation.
I have heard these cases take a long time and it can be many years before they are resolved?
We don’t want to tell you that that is not the case, but the truth is that all our matters mainly proceed in the High Court due to the high amounts being claimed. Our turnaround time to settle matters are between 2-3 years. You should however not let the amount of time a claim might take to finalise, stand in the way of ensuring that justice has been served for you. We will be claiming on your behalf for the loss of income / financial support, you would have received until you reach retirement age.
What does ‘on a contingency basis’ mean?
We handle cases on a contingency basis meaning that clients can elect, should they wish, to instead of having to pay fees as the matter proceeds as they would in an ordinary case such as a divorce, our fee can be paid only upon the settlement of their claim. If we proceed on that basis, we agree on a fee in terms of the Contingency Fees Act whereby we take a percentage of the settlement amount upon the finalization of their claim and in return, we take all of the risks and run the case on your behalf. This is a percentage of your claim on a no- win, no- fee basis.
Pretorius Attorneys Inc. not only handles substantial six figure claims, but also loss of support cases, as well as cases where the injuries range from fractures to brain damage. We have considerable experience in personal injury law with reputable and fantastic results. Our clients are kept abreast and updated on the development of their claims on a regular basis. In this field of law and within South Africa, we are able to assist you on a contingency basis. This is a percentage of your claim on a no- win, no- fee basis.
Being involved in a motor vehicle accident is a traumatic experience. Let us assist you to navigate through the legalities of a third party claim in these difficult times.
- Why is it important to have a valid Will?
Nobody wants to contemplate their own mortality, but the fact is, one day, each and every one of us will die. Shying away from our mortality, however, is also the very reason so many people do not have a Will. People simply choose to avoid the morbid topic of death and mortality. Unfortunately, the old saying rings true: Nothing in life is certain but death and taxes. To make this inevitable and difficult time more bearable for our loved ones, it is imperative that we have validly executed Wills. In common parlance, it simply means we should have our paperwork in order.
Now, you may ask why it is important to have a Will or what will happen if you don’t. If you don’t, and you happen to pass away, you will be deemed to have died “intestate,” which means the estate and the distribution of the deceased’s assets is required by law to be devolved in terms of the rules of intestate succession, stipulated in the provisions of the Intestate Succession Act (Act 81 of 1987). Plenty of big legal terms, summarised as more heartache for your loved ones, so you want to avoid this scenario at all costs. Why? The distribution of assets will not necessarily be done in accordance with the wishes of the Testator/Testatrix. Simply put: People might not get what you promised them. Not ideal.
That’s why we need the paperwork – valid paperwork. For a Will to be valid, it has to comply with specific requirements, as regulated by the Wills Act (Act 7 of 1953). For this reason, it is in the best interests of both you and your loved ones that you consult with a professional that can ensure all the legal formalities and requirements are addressed and adhered to.
Armed with vast experience, we can help you set out your wishes exactly the way you want and will gladly guide you through this process. Do not hesitate to contact us to request a no-obligation quote or arrange a consultation.
In fact, what are you waiting for? Do so today. We live in volatile and uncertain times. Allow Pretorius Inc to help you get your paperwork in order in case of an unforeseen eventuality. Your loved ones will thank you later.
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