Frequently Asked Questions

Our frequently asked questions section aims to provide answers to common inquiries about the personal injury claims process, from determining fault to calculating damage.

RAF

Who can claim from the Road Accident Fund if you were involved in a car accident?

Any person who has sustained bodily injuries as a result of a car accident that was caused by someone else's negligence may be eligible to claim from the Road Accident Fund. This includes drivers, passengers, pedestrians, cyclists and dependants (if the dependant was the primary source of income within a household).

RAF

How long do I have to file a personal injury claim at the Road Accident Fund after a car accident?

In South Africa, you have three years from the date of the accident to file a claim with the Road Accident Fund if the identity of the negligent driver is known. If the identity of the negligent driver is not known i.e. a hit and run accident, then the period to lodge a claim with the RAF is within two years.

However, it is important to act promptly, as waiting too long can limit your options and affect your ability to recover compensation.

RAF

What if I was hit by a car while walking, can I claim from the Road Accident Fund?

Yes, if you were a pedestrian and were hit by a car as a result of someone else's negligence, you may be eligible to claim from the Road Accident Fund.

RAF

What do I need to prove or what are the requirements to file a Road Accident Fund claim?

To file a successful claim with the Road Accident Fund, you will need to prove that the accident was caused by someone else's negligence, and that you suffered injuries or damages as a result. You will also need to provide documentation that supports your claim, such as medical records and police reports. Our skilled personal injury attorneys will guide you through the process.

RAF

What documents do I have to have to claim from the Road Accident Fund?

To claim from the Road Accident Fund, you will need to provide documentation that supports your claim, such as medical records and police reports. You may also need to provide proof of loss of income (such as payslips, IRP5's etc.), receipts for out-of-pocket expenses related to your injury, and any other documentation that supports the extent of your injuries and damages.

RAF

How is the compensation amount calculated when suing the Road Accident Fund?

The amount of compensation that you can receive from the Road Accident Fund will depend on a number of factors, including the extent of your bodily injuries and pecuniary damages, your past and future medical expenses and loss of income, and any other losses (related to your bodily Injuries) that you have suffered as a result of the accident. The Road Accident Fund will consider all of these factors when determining the amount of compensation that you are eligible to receive.

RAF

Can I still file a Road Accident Fund claim if I was partly at fault for the accident?

In some cases, you may still be able to recover compensation from the Road Accident Fund if you were partially at fault for the accident. However, the amount of compensation that you receive may be reduced based on your contributory negligence.

RAF

Can I claim from the Road Accident Fund for a family member who is deceased as a result of the accident?

Yes, if a loved one has passed away as a result of a car accident, you may be able to lodge a claim with the Road Accident Fund on their behalf. This type of claim seeks compensation for the loss of financial support that you or a minor has suffered that you have experienced as a result of their death, including funeral expenses.

RAF

Can I claim from the Road Accident Fund if it was a hit and run?

If you were involved in a hit and run accident, you may still be able to recover compensation from the Road Accident Fund, as long as you can provide sufficient evidence to support your claim and your claim is lodged with 2 years of the accident.

RAF

Can I claim from the Road Accident Fund if there were no eyewitnesses?

Yes, you can still file a claim with the Road Accident Fund even if there were no eyewitnesses to the accident. However, it may be more challenging to prove that the accident was caused by someone else's negligence, and you will likely need to provide strong evidence to support your claim. This may include photographic evidence, medical records, and any other documentation that supports your version of events. It is advisable to seek the assistance of an attorney, who can help you gather and present the evidence that is necessary to support your claim.

DOG
BITE

What constitutes a dog bite injury?

A dog bite injury occurs when a person sustains physical harm as a result of being bitten by a dog. If you have been bitten by a dog or any other animal, you can claim compensation for medical expenses incurred and those that are likely to be incurred in the future.

DOG
BITE

What can I claim from a dog bite injury?

To make a claim, the following requirements must be met:

1. Negligence on the part of the owner of the dog or other domesticated animal.
2. The animal acted in a vicious manner or was excited beyond its normal behaviour.

DOG
BITE

What are the requirements for a dog bite injury claim?

Damages: The individual must have suffered injuries or losses as a result of the dog bite, such as medical expenses, lost income, or pain and suffering.

It is also important to have information on:
1. The ownership of the animal involved in the incident.
2. The identity of the animal that caused the injury.

Dog bite cases can be complex, particularly when it comes to determining liability. Working with an experienced personal injury lawyer can help you gather the evidence needed to support your claim and negotiate with insurance companies to obtain the compensation you deserve.