The Road Accident Fund (RAF) is a statutory body established under South African law to provide compensation to victims of motor vehicle accidents. The RAF is governed by the Road Accident Fund Act of 1996 and operates as a form of social insurance to protect road accident victims and provide them with financial support.
Key features of the Road Accident Fund in South African law include:
Compensation for Personal Injury: The primary objective of the RAF is to provide compensation to individuals who have suffered personal injuries or dependents of those who have died as a result of motor vehicle accidents. The compensation aims to cover medical expenses, loss of income, loss of support, and general damages.
No-Fault System: The RAF operates on a no-fault basis, meaning that compensation can be claimed regardless of who was at fault in the accident. This system allows victims to claim compensation even if they were partially or fully responsible for the accident.
Limitation on Claims: There are certain limitations on the types of claims and the amount of compensation that can be sought from the RAF. The Act sets out specific criteria and requirements for eligibility, and the compensation amount is subject to predefined limits.
Third-Party Liability Insurance: The RAF is funded through a fuel levy imposed on petrol and diesel sales, as well as a portion of motor vehicle licensing fees. Additionally, all motor vehicle owners are required by law to have third-party liability insurance, which contributes to the funds available for compensation.
Claims Process: To claim compensation from the RAF, the accident victim or their dependents must lodge a claim within the prescribed timeframes and follow the specified procedures. This typically involves submitting an application with relevant supporting documentation, including medical reports, police reports, and evidence of damages.
It is important to note that the RAF system has undergone significant changes in recent years, and new amendments to the Road Accident Fund Act were introduced in 2021. These amendments aim to provide more efficient and streamlined processes for claimants and ensure the financial sustainability of the fund.
If you have been involved in a motor vehicle accident and believe you are eligible for compensation from the RAF, it is advisable to consult with us, Fish Letsoalo attorneys Inc. who specializes in RAF claims. We can guide you through the claims process, assist with gathering the necessary documentation, and help you navigate the complexities of the law to maximize your chances of receiving fair compensation.