We make use of this opportunity to explain this claim the process to you:
- After we obtain all the documentation involving the accident from the hospital and SAP, and the reports from the first treating doctor, we will be in a position to submit your claim to the Road Accident fund.
- Should the defendant not respond timeously within 4 months after the claim has been submitted the plaintiff is allowed to serve summons, starting the court process.
- A person that is injured in an accident and wants to claim compensation from the Road Accident Fund has to:
3.1.1 show that he/she was involved in a road accident on South African roads and was injured as a result of the negligence of one or more of the drivers of vehicles;
3.1.2 the above issue is normally only finalised at trial at court, called a meritstrial;
4. As soon as merits is finalised, in other words, when the Road Accident Fund accepts that you have, through the intervention of your attorney’s (us), proved all of the abovementioned, and a court order is made containing the terms of this agreement. Either at court OR without a court date by way of early settlement of the merits we will be able to proceed through the working of the Road Accident Fund act and regulations and the high court rules and civil procedure act to assist you to prove the extent of your loss and the compensation you should be awarded by the Road Accident Fund. The purpose of the Road Accident Fund is to compensate road accident victims on behalf of the road user that caused the accident;
5. For a plaintiff to however qualify for compensation of general damages(pain and suffering money) they have to further satisfy the Road Accident Fund through Medical legal reports and completed by Medical Experts (RAF4 forms) that their injuries are indeed serious;
6. Should the doctor find that the injuries are serious the Road Accident Fund is awarded the opportunity to dispute thisfact. Until such time as the Road Accident Fund accepts that the injuries are serious, out of their own accord, or through the Department of Health (HPCSA), process where a tribunal makes a decision whether the injuries are serious, or the court upon PAJA application forces them to make a decision about the seriousness of the injuries, the fact still remains in dispute;
7. Time periods are allowed on all levels of the process that must be met by the plaintiff. Time periods are afforded to the defendant after each and every step to investigate and respond, making the process a very timeous one;
8. The plaintiff can then after finalisation of the merits mentioned above, proceed to court for a second time to prove the extent of the loss suffered (Quantum), and the compensation that he/she should receive from the
Road Accident Fund. This can only be done after various Medical legal examinations by medical experts and actuarial calculations are done, to prove inter alia:
- past medical expenses incurred are accident related and fair and reasonable;
- future medical expenses that will have to be incurred as a result of injuries sustained;
- past loss of income suffered as a result of the injuries sustained in the accident;
- future loss of income / income potential that might be suffered as a result of the injuries sustained in the accident;
- general damages (pain and suffering compensation as mentioned above, not every claimant qualifies for this and we need to prove the seriousness of an injury first).
9. Should the plaintiff prove ”future medical expenses” he/she will qualify to be included in the Road Accident Fund “medical aid” under Section (17)(4)(a) of the Road Accident Fund act and will not receive a monetary lumpsum award but will be included in the “medical aid”. The Road Accident Fund will therefore in future pay the medical expenses incurred as a result of the injuries sustained in the accident if and when it is incurred, keeping in mind any deduction on the merits order relating to the fault of the plaintiff established at the first trail.
We can ensure you of our best efforts in protecting your rights and acting on your behalf in this action. Should you have any further questions you are more than welcome to contact us in writing or telephonically. You will be informed of the progress, throughout the process.