Claiming from the Road Accident Fund can be a complex and technical process.
At Ehlers Attorneys, we handle Road Accident Fund claims for people from all walks of life, all over South Africa. We receive queries every day about how to claim from the Road Accident Fund.
Here are 5 important things individuals should be aware of when making a claim. For more accurate advice regarding your claim contact us and we will advise you if your claim is valid.
1. When should you claim from the Road Accident Fund?
First of all, it is important to contact us as soon as possible after the accident. This provides us with the best opportunity to investigate your accident and obtain all the necessary documents such as the police and medical reports we need for the road accident fund claim process. Also, with the passing of time, it becomes more and more difficult to obtain the relevant documents, which is often sent to the archives of institutions or misplaced.
2. How long do you have to claim?
You have three years to lodge a claim with the Road Accident Fund from the date of the accident. If one of the vehicles involved is unidentified, this period decreases to two years.
3. How long does the claim process take?
The period can vary depending on when a court date is set. Once a claim has been submitted it can take 3 years or more to receive a payout. However, we will endeavour to finalise your road accident fund claim in the shortest possible time. Furthermore, we understand the frustration of the court process, and the fact that a seriously injured person may not be able to work or may need medical treatment which is not provided at government hospitals.
4. Can you lodge a claim for a minor?
A parent can lodge a road accident fund claim on behalf of the minor until the minor turns 18. A minor has a period of three years to lodge a claim once the minor has turned 18, unless one of the vehicles was unidentified, in which case the two-year prescription period still applies. Importantly, the two year prescription period applies to a minor from the date of accident, not from when the minor turns 18 when the vehicle is unidentified. You can read more about the Road Accident Fund Process here
5. Why should you use Ehlers Attorneys to claim from the Road Accident Fund?
Claiming from the Road Accident Fund can be complex and technical. Therefore it is beneficial to use an attorney specialising in personal injury claims. Such an attorney has the knowledge and years of experience to assist you and will ensure the most favourable settlement. As a result, claimants who use an attorney to receive much higher awards than those who try and claim from the Road Accident Fund themselves. We can provide you with many actual examples of this.
- Ehlers Attorneys will negotiate on your behalf and will always act in your best interests
- We have a dedicated Road Accident Fund Claims Department consisting of highly experienced investigators and attorneys who will be able to negotiate the best claim for you
- Have a look at some of our successfully finalised claims, some up to R9 000 000.
- Another benefit is that we work on a “no win, no fee” basis. No fee will be payable unless we succeed with your claim. You can read more information about our fees here
Ehlers Attorneys has substantial experience in assisting clients with claims against the Road Accident Fund. Our team is committed to assisting clients from all walks of life from across the country. Above all, we uphold the values of honesty, integrity and professionalism. We have a dedicated team capable of providing you with all the assistance you need. You can view more information about our team here
How will we manage your claim?
The Claims Department takes the first step towards your claim against the Road Accident Fund.
- Our Investigators visit you to obtain important information and to assist you with the relevant paperwork.The department then prepares your file for lodgement:
- We complete the prescribed RAF1 form
- Draft and sign all lodgement documents
- Obtain SAPS accident reports and sketch plans
- Visit the accident scene and take pictures of it• Contact witnesses for statements
- Obtain medical records and records of proof of employment
- Photograph injuries for claim purposes.
During the investigation process we will contact you on a regular basis and update you on the progress of your road accident fund claim. We will answer any questions you might have. After we have finalised our investigations, we will transfer your file to our Lodgement and Litigation Team.
What is the Road Accident Fund?
The Road Accident Fund (RAF) is an organ of the State which has been created to compensate the injured or affected victims of road accidents. When any person is injured or killed in a motor vehicle accident due to the negligent driving of another person in South Africa, the injured person or dependents will be able to claim compensation. An accident can happen at any time and could have devastating consequences to the lives of the persons who were injured or whose dependents were left behind.
Finally, to find out if you qualify for a claim, simply fill in our assessment form and one of our staff members will contact you within 24 hours.