In South Africa, individuals injured in motor vehicle accidents, or the dependents of those who have lost their lives in such incidents, may be entitled to claim compensation from the Road Accident Fund (RAF).
The RAF, established under the Road Accident Fund Act, is a statutory entity that functions as a form of social security. Its primary objective is to provide financial relief to road users harmed due to the negligent driving of motor vehicles on South African roads.
This article outlines the key aspects of the RAF claims process, including who may claim, applicable timeframes (known as prescriptive periods), liability and the quantification of damages (known as quantum), and the essential role played by expert evidence.
Who May Claim from the RAF?
The RAF compensates a wide range of road users, provided the accident was caused at least partially by the negligence of another driver. Eligible claimants include:
- Drivers who were not solely responsible for the accident
- Passengers in private or public motor vehicles
- Pedestrians struck by motor vehicles
- Cyclists and other lawful road users
- Dependents of individuals who were fatally injured in road accidents, such as spouses and children
For instance, a pedestrian who is hit by a speeding vehicle while using a pedestrian crossing, or a passenger injured in a car that is rear ended at a traffic light, may both have valid claims.
Conversely, a driver who is the sole cause of the accident due to reckless or drunk driving would generally not be eligible for compensation.
Types of Claims: Identified and Hit-and-Run Accidents
RAF claims are classified according to whether the identity of the at fault driver or vehicle is known.
An Identified Driver Claim arises when the details of the negligent driver or vehicle are known and recorded, such as where the accident was reported and a registration number is available.
An Unidentified Driver Claim, commonly referred to as a hit and run, applies when the vehicle responsible for the accident flees the scene and cannot be identified. These claims present greater urgency due to stricter time limitations.
Prescriptive Periods: Time Limits for Lodging a Claim
Strict timeframes apply when lodging a claim with the RAF. Failure to act within these periods may result in a claim becoming prescribed, meaning it can no longer be pursued.
In cases involving identified drivers, a claim must be lodged within three years from the date of the accident. This period may be interrupted or suspended for minors or individuals lacking legal capacity, such as those who are mentally incapacitated.
For unidentified driver (hit and run) claims, the claim must be lodged within two years of the date of the accident. Importantly, there are no exceptions to this rule not even for minors or mentally incapacitated persons.
In all cases, regardless of whether the driver is identified or not, legal proceedings (i.e., issuing summons) must be instituted within five years from the date of the accident.
For example, a 35 year old passenger injured in a collision involving a known vehicle has up to three years to lodge their claim. In contrast, a pedestrian struck by a fleeing vehicle in a hit-and-run incident must lodge their claim within two years. Failing to do so will result in the loss of the right to claim.
The Two Pillars of an RAF Claim: Liability and Quantum
An RAF claim rests on two fundamental components: liability, which addresses the cause of the accident, and quantum, which pertains to the extent of financial loss or damages suffered.
Liability (Merits)
Liability relates to whether the accident was caused by another party’s negligent driving and to what degree. The RAF may reduce a claimant’s compensation where there is contributory negligence on their part.
For instance, a pedestrian who crosses a road in an unlawful manner and is struck by a speeding vehicle may be held partially liable for the accident. If the pedestrian is found 40% at fault and the total damages amount to R1 million, the RAF will only pay R600,000, reflecting the 60% liability of the driver.
Quantum (Extent of Damages)
Quantum refers to the monetary value of the damages suffered by the claimant. This includes both tangible and intangible losses such as medical expenses, loss of income, and pain and suffering. Accurate determination of quantum relies heavily on supporting evidence and expert assessments.
Heads of Damages: What Can Be Claimed?
The RAF provides compensation under specific categories, referred to as heads of damages:
Past and Future Medical Expenses
This includes all medical costs incurred as a result of the accident, as well as projected future treatment and rehabilitation needs. For example, a cyclist requiring long term spinal therapy and surgery due to injuries sustained in an accident would be entitled to claim these costs.
Past and Future Loss of Earnings or Earning Capacity
Compensation is awarded where the injured party is unable to return to their previous employment or suffers a reduced earning capacity. A factory worker who loses the functional use of a hand and cannot return to manual labor may be compensated for both past income lost and anticipated future loss of earnings.
General Damages
General damages are awarded for non-patrimonial loss, including pain and suffering, emotional trauma, disfigurement, and loss of enjoyment of life. However, general damages are only awarded in cases of serious injury, as defined in a formal assessment report completed by a qualified medical practitioner using a RAF 4 form.
For instance, a passenger who suffers a traumatic brain injury with lasting cognitive impairments may qualify for general damages.
Loss of Support
In cases where a breadwinner dies as a result of a motor vehicle accident, their dependents may claim compensation for the financial support that has been lost.
For example, the surviving spouse and minor children of a deceased driver may be awarded compensation based on the deceased’s income, age, and the number of years they would have continued working.
The Role of Expert Evidence
Proving the quantum of a claim almost always requires the input of expert witnesses. The RAF often disputes the severity of injuries or the extent of financial loss, making expert evidence indispensable.
Commonly appointed experts include:
- Orthopedic surgeons, neurologists, and psychologists to assess physical and psychological injuries
- Industrial psychologists to determine the impact of the injuries on the claimant’s employability and future earnings
- Occupational therapists to evaluate functional limitations and daily living impacts
- Actuaries to calculate the present value of future losses, such as income or support
For example, an actuary may be called upon to quantify the future income lost by a taxi driver who has suffered a lower-limb amputation, taking into account inflation, life expectancy, retirement age, and other variables.
Conclusion
Road Accident Fund claims offer essential financial relief to victims of motor vehicle accidents, but the process is governed by strict legal timeframes and evidentiary requirements. Success depends not only on proving fault but also on accurately quantifying damages particularly in cases involving serious injuries or loss of income.
Given the complexity of these matters and the technical nature of the evidence required, it is highly advisable to seek the assistance of a qualified attorney rather than attempting to submit a claim directly to the RAF.
Legal representation ensures that your rights are protected, your claim is properly prepared, and that you have the best possible chance of securing fair and adequate compensation.
Article by Evashan Pillay
The above article is for informative purposes only, we encourage you to reach out to our team for professional legal advice.
