Legal Talk

Author: Fawzia Khan
Date: 2015-08-21

The incidence of traffic accidents on our motorways continues to rise South Africa. Most road users, whether as motorists, passengers or even pedestrians, have at some time or the other witnessed or worse, been directly involved in a collision involving another motor vehicle. The following information on how to claim compensation if you are involved in a motor accident is reproduced from the Road Accident Fund website.

Source: RAF website

If someone is injured or killed in a motor vehicle accident because one of the drivers was negligent, they or their loved ones can lodge a claim with the Road Accident Fund (RAF). This means that even if the driver of the car doesn't have insurance, people injured in the accident (or the loved ones of people killed in the accident) can get money from the fund to help pay medical expenses and to compensate for wages they may have lost as a result of the accident. The RAFprovides financial assistance to people injured in road accidents or the dependents of people killed in road accidents caused by negligent driving. The fund is financed by a fuel levy that is included in the petrol and diesel price. ? The following are persons who can claim against the RAF.

A person who was injured in the accident (except the driver who caused the accident).

Drivers (excluding the driver who caused the accident), passengers and pedestrians involved in the accident.

If you were the driver in the accident but are not the owner of the car and the accident was caused by the owner's negligence (for example, if they didn't fix the brakes) and you are injured, then you can claim from the fund.

A child, spouse or other person who depended on the income of the person who died in the accident.

A close relative of the dead person who paid for the funeral

A claimant under the age of 18 years must be assisted by a parent or legal guardian.

However a person who caused the accident cannot claim from the fund. There is only a claim if the accident was caused by someone else's negligent driving. You cannot claim if you were the only person and vehicle involved in the accident. You will be entitled to receive compensation for the following expenses. Medical expenses; Funeral expenses; Compensation for pain and suffering; Lost earnings if you were unable to work; Loss of support. Dependents of the main income provider of the household who were killed in the accident as a result of someone else's negligence can also claim loss of support. You must make the claim within three years of the date of the accident, if you know who caused the accident. If you don't know who the driver or owner of the vehicle was that caused the accident, you need to claim within two years.

Know your rights! The Law Desk of Fawzia Khan & Associates. Giving You the Power of Attorney! Email fawzia@thelawdesk.co.za or call 031-5025670 for legal assistance at competitive rates.

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