What you need to know about accident claims while travelling this holiday season

 ·22 Dec 2022

It is that time of the year when there is ordinarily a worrying rise in motor vehicle accidents. It is, therefore, apt that the public is informed about some of the realities regarding Road Accident Fund (RAF) claims, said Mtho Maphumulo, a senior associate at Adams & Adams Africa.

It is incorrect to think that a road accident victim can recover all their losses from the RAF, said Maphumulo.

According to the legal expert, the only losses that can be recovered from the RAF are those provided for in the Road Accident Fund Act.

Any loss not provided for by the Act cannot be claimed from the RAF.

In a single motor vehicle accident, there may be loss of life, serious bodily injuries, severe damage to the motor vehicle, and serious damage to belongings – for example, expensive personal items and work items.

In this example, not all losses can be recovered from the RAF, said Maphumulo.

Section 17 of the RAF Act makes it evident that any claim for loss in terms of the RAF Act has to relate to bodily injury or death. In addition, such death or bodily injury has to result from the negligence or other wrongful act of the driver or motor vehicle owner.

Therefore, where you, the claimant, cannot prove negligence or some wrongful act, you cannot claim successfully from the RAF, said Maphumulo.

He said any losses other than those specified could not be recovered from the RAF.

Other damages include damage to motor vehicles and items damaged or destroyed – victims must claim from their own insurer or the wrongdoer.

There are benefits to exploring the other available options, particularly because of the time it may take to receive your compensation from the RAF eventually, said Maphumulo.

“Where the items are not insured, or the claim is rejected, the victim will have to sue the common law wrongdoer.”

The legal expert said that victims cannot subsequently sue the wrongdoer when they successfully claim from their private insurer. Instead, the victim’s common law right to sue the wrongdoer gets transferred to the insurer, who can then pursue a claim against the wrongdoer.

Worthless claims

There are, however, instances where it is worthless to pursue a claim against the RAF, says Maphumulo. These include insignificant past medical expenses covered by medical aid or when the victim cannot prove any negligence or wrongful act by the vehicle owner involved.


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