“I was involved in a motor vehicle crash. Can I claim from the RAF?”

With the holiday season fast approaching, it usually coincides with an increase of travelling on the roads. The unfortunate reality is that there is also usually an increase in motor vehicle accidents. If someone is a victim of an accident caused by the wrongful driving of another person (“negligent driver”), that person has a right to claim compensation for damages from the Road Accident Fund (“RAF”). The RAF compensates a victim of an accident for bodily injury, and in the event of death, it compensates the dependents of that victim for their loss. This article will take a closer look at who will be able to claim from the RAF.

Who can claim from the RAF?

>     RAF claims are often referred to as “third party” claims. The phrase “third party” refers to the victim of a motor vehicle accident who suffered bodily injury as a result of the accident which was caused by the negligent driver.

>     The first person who comes to mind as a “third party” would be the victim who was the driver. However, it goes further than that and even passengers of the vehicles can claim (provided that they did not cause the motor vehicle accident).

>     It is also possible for pedestrians or cyclists who got hit by a motor vehicle and who suffered bodily injury to claim from the RAF.

>     The purpose of the RAF is to protect the victims of a motor vehicle accident. This means that if a person is the sole cause of an accident, that person will not be able to claim from the RAF.

What if the victim died in a motor vehicle accident?

>     If the victim was the breadwinner who supported his/her family financially, it is possible for his/her dependants (such as a spouse or children) to lodge a claim against the RAF for loss of earnings and support and funeral costs.

Can a victim claim from the RAF if there was no other vehicle involved?

>     It is possible for a victim in a single vehicle accident to claim from the RAF in certain instances, provided that the victim was not solely responsible for the accident.

>     An example of this type of claim against the RAF would be where the owner of the vehicle was negligent and failed to maintain the vehicle's tires. A friend drove the vehicle and the tire burst, causing the vehicle to roll and the friend to suffer bodily injuries as a result.

>     Due to the fact that the friend who drove the car did not cause the accident, but that the accident was caused by the negligence of the owner, it may be possible to claim from the RAF in these instances. 

What if the vehicle that caused the accident drives away?

>     This is known as a “hit and run” incident and it is still possible for a victim of such an accident to institute a claim against the RAF.

>     The victim should still be able to prove that the party who drove away was negligent or wrongful in causing the accident.

What if the medical aid already covered the medical expenses for bodily injury?

>     Some victims of motor vehicle accidents may have medical aid that covers their expenses for bodily injuries caused by a motor vehicle accident.

>     Generally, it is still possible for those victims to claim from the RAF and there is usually a duty to refund the money received from the RAF to the medical aid.

>     However, this has recently come under the magnifying glass when the RAF made a new policy stipulating that they will stop paying out for past medical expenses covered by a medical aid.

>     This policy was recently challenged in the High Court where it was found to be unlawful. The High Court held that the RAF is bound by the Road Accident Fund Act and although the legislation allows for certain exclusions, instances where the medical aid has already covered past medical expenses are not excluded in the legislation. The outcome of this judgment means that the RAF is prohibited from implementing the policy.

As highlighted above, the basic principle appears to be that if someone suffered bodily injury as a result of a motor vehicle accident and s/he did not cause that accident, a claim can be lodged against the RAF. There are exceptions to this general rule and it is always a good idea to get legal advice before lodging a claim with the RAF.