Archive for the Road Accident Fund Category

Some RAF claim processes

 Using a Managed Compensation Claims company 1. Contact our practices to schedule a consultation; 2. As required by our offices during consultation; sign and give our offices with the documentation and information 3. A follow – up consultation/telephonic discussion could be planned based on the papers we received; 4. RAF 4 examination if necessary; 5. If we’ve received all of the requested documentation we will continue with lodgement of the claim; 6. We ought to wait 120 days for the Road Accident Fund to think about your state. If we do not get a fair offer within this time we proceed with litigation. Litigation is a time consuming process that may take up to 2 years. 7. Summons will be given against the Road Accident Fund and litigation will follow; 8. Based on the intensity of your injuries you will be sent to particular physicians for medical legal tests to be able to evaluate your claim; 9. Program and preparation for trial; 10. Trial or settlement.   The length of time does a claim take? The duration of such states varies with each case based on the complexity of the merits and the intensity of the accidents. Specific cycles are applicable with regards to the Road Accident Fund Act and has to be taken into account through the process. In order for a claimant to claim general damages a RAF 4 Form must be done when a significant injury assessment must be achieved. This record may only be done once, what’s referred to as M.M.I (Maximal Medi-cal Improvement) is reached. M.M.I is only reached after the doctor believes that the individual has reached the level that there will be no significant improvement for the next 12 months. This on it’s own can cause delays.   The quantifying of a claim by way of medico-legal studies and tests has a time but will certainly be worth the wait as your claim will then be effectively quantified by experts and specialists to make sure that you obtain the compensation your deserve. It is more our knowledge that it’s extremely rare for a reasonable settlement offer to be made from the Road Accident Fund without proceeding on litigation. We are going to guide you through the entire process and help with all the different facets of the claim.   The price of instituting the claim. In light of the fact that major expenditures are sustained during the length of the state which include amongst others, investing in medi-cal specialists, supporters fees, CT scans along with the main threat our firm undertakes on your behalf,our firm would usually enter a contingency fee agreement (a no win no fee agreement). In accordance with this agreement our charges are limited by a percentage of the payment received from the Road Accident Fund. Should we accept the advantage of the clients claim, our firm will enter into a contingency agreement and address disbursements for the customer and recover these costs once the claim is finished.

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Road Accident Fund: Parties who will claim are:

Parties who will claim are: Serious bodily injuries are sustained by a party who in an auto accident; If a breadwinner dies the dependents who were financially supported by such breadwinner are entitled to recover exactly the same amount of support they’d have obtained from the breadwinner during his life from the Road Accident Fund (certain restrictions apply); The place where a minor is injured and must get treatment. In this case the parent will be the claimant in respect of the cost incurred because they’re the one who had to fund such costs and thus has suffered damages; In fatal accidents anyone accountable for the funeral expenses will be able to institute a claim to recover these expenses. What is the Road Accident Fund? The Road Accident Fund is a statutory body established by law to administer the device of compensation for injuries suffered due to bodily harm or death caused by the negligent driving of an engine vehicle. How could be the Road Accident Fund Financed?  The Road Accident Fund is financed by a levy on all energy used. The proceeds with this levy are paid in to the Road Accident Fund. Who might claim from the Road Accident Fund?  Anyone, that has suffered injury as a result of bodily injuries to him or herself or for the death or bodily injury of someone else, may possibly claim payment provided the following can be established. 1. That their problems were caused by the driving of a engine vehicle; 2. That such automobile was negligently driven; 3. That the physical injury or death resulted from the car collision; 4. The incident occurred within the boundaries of South Africa. Examples of people who might claim are: 1. Walking negligently pulled down with a motorist. 2. Individual in a motor vehicle negligently influenced. 3. Individual or driver in a motor vehicle struck by yet another vehicle which was negligently driven. Note: • Unidentified statements in which neither the master or driver can be recognized can nevertheless be instituted from the Road Accident Fund subject to certain restrictions. • A person who is entirely responsible for their own injury doesn’t have a claim; but a person whose accidents were caused partly by his own fault and partly by the fault of another driver is entitled to compensation. (Even though it is likely to be reduced in terms of the Act on Apportionment of Damages). Who may submit your claim?  In terms of the Road Accident Fund, third-party claims may only be presented by the plaintiff themselves or their lawyers. If your claim is presented by anyone else the Trail Accident Fund is entitled to refuse to pay for any compensation. Road Accident Fund states are a complex field of law and to ensure you recover everything you are eligible to we recommend that the matter be managed by way of a specialist personal injury law agency such as ours. Prescription of the claim  The claim should be set with the Road Accident

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Road Accident: a negligent driver causes injuries to others

Whenever a negligent driver causes injuries to others (known as the 3rd party), the RAF, to some degree, acts because the negligent driver’s insurer. For instance, whenever a car is driven negligently, it might cause injuries to: The guests of this vehicle The residents of still another car which it collides with A walking pulled down from the motorist These third parties could make a claim from the RAF. The RAF is a statutory body established by law to manage the machine of compensation for injuries suffered due to physical harm or death caused by negligent driving of an engine vehicle. The RAF is funded by way of a levy on fuel. The RAF doesn’t purchase material damage (including damage to the 3rd party’s car ). Damages will be paid by the RAF for: The death of the 3rd party Significant injuries suffered by the 3rd party. The description of a third-party is extremely wide and suggests that the RAF comes with an obligation to pay not just the person who suffers the damage but also as a direct result the person who was injured. others who suffer Dependents of a wounded bread champion can state compensation The quantum of damages is really as follows: The claim for lack of money or support is restricted to R160,000 per year Medi-cal costs are restricted to public hospital rates The required cost of the funeral or cremation The claim for pain and putting up with is restricted to severe injuries and even then your awards are pretty modest. ,If the responsible owner/driver could be determined, then the state should be set within 3 years of the crash. Where the negligent driver can’t be determined (e.g. hit and run) then your state should be set with the RAF within two years. The RAF has the choice to create a recovery against both the negligent driver or, in some instances, the owner of the car, if: The master had intentionally equipped the RAF with false information. (Example: I wasn’t high when I mistook the sign for the rear of the coach which I then overtook after carefully indicating. ) The driver didn’t possess a valid driver’s license or was under the impact of drugs, alcohol. The dog owner allowed anyone to get the automobile that didn’t possess a valid driver’s license or was under the impact of drugs, alcohol. The amount of the recovery won’t exceed the amount paid by the account for the next party. The RAF no further draws a distinction between guests within the irresponsible driver’s car and other third parties. Significant injury suggests a moderate to severe limitation in an individual’s capability to function or perform everyday life activities as due to a real, physical, conversation, intellectual or mental disability. (Government Gazette, 29 Might 2006. ) Some attorneys like a half an hour long haul physical impairment to establish a significant injury  when the claim is for material damage. The RAF only handles death and damage and perhaps not material

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The change to RAF benefits in August 2008 has revealed all South African road users to economic risk.

Every time you fill your car with petrol or diesel, you’re  Causing the Road Accident Fund by way of a fuel levy. Although the fund exists to pay victims of automobile Injuries, a change to the Street Accident Fund Act in  2008 somewhat reduced the cover that is wanted to motorists involved in an auto accident as a driver, individual or  pedestrian. The unique Liberty Road Accident Family Protection Plan  Gives you a lump sum if you or your loved ones are injured or die in a road accident. We all know how dangerous our roads are, so why would you risk devoid of the security in place to pay for unexpected costs if you are unfortunate enough to stay an auto incident on our public roads? You carry the principal economic burden of medical expenses  and any longer-term injury-related costs from a street accident. The amendment to the Act means that: 1. Medical expenses will only be paid at State Hospital rates. If you are addressed in a private hospital, you or your  medical program must pay the difference in cost. 2. Common damages due for pain, suffering and/or issue is going to be limited. Injuries are only payable where the injuries in the accident bring about a minimum of a 30% total-body impairment of the plaintiff, long-term impairment or loss of body  or mental function.

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RAF Claims

What’s a Road Accident Fund state? A Road Accident Fund claim, also known as a third-party claim, is a claim which may be instituted to recover compensation on account of anyone who suffered injury as a result of physical harm, or as a result of an automobile collision. death Events which could claim are: A party who sustains bodily injuries in an Automobile Accident. Whenever a breadwinner of a household is killed then the widow and the children are the individuals who suffered injury by way of the reduction of the financial support of the breadwinner. In which a minor is injured and needs to receive treatment. In this instance the parent will be the plaintiff in respect of the cost incurred since they’re the one who had to cover such costs and consequently has experienced damages What’s the Street Accident Fund? The Street Accident Fund is a statutory body established by law to manage the machine of compensation for injuries suffered due to physical harm or death caused by the negligent driving of an engine vehicle. How could be the Road Accident Fund Funded? The Street Accident Fund is financed by way of a levy on all gas used. The profits of the levy is paid in to the Road Accident Fund. Who might claim from the Road Accident Fund? Anyone who has suffered injury because of bodily injury to him or herself or for the death or bodily injury of somebody else, might claim compensation offered the next could be established. That their problems were brought on by the driving of the engine vehicle. That such automobile was negligently driven. The physical injury or death resulted from the automobile collision. Types of individuals who might claim are: Walking negligently pulled down with a motorist. Individual in an automobile negligently driven. Individual or driver in a motor vehicle struck by still another vehicle that was negligently driven. Note: A person who is solely responsible for his or her own injury doesn’t have a claim, nevertheless a person whose injuries were caused partly by his own fault and partly by the fault of another driver is entitled to compensation. (Even though it is likely to be reduced) Statements should be set with the RAF Unidentified statements by which neither the master or driver can be determined can be instituted from the Road Accident Fund subject to certain restrictions. Which kind of problems might be stated? The 3rd party/claimant might only claim damages which arose from physical injury. Types of types of problems that arose from physical injuries are: 1. Past & future medi-cal & hospital expenses. Previous & future loss of earnings Past & future traveling expenses to acquire important medi-cal treatment. The price of treatment and medication. The expense of hiring domestic servants, nurses or assistants consequently of the damage sustained. Common damages (a sum for disfigurement, putting up with, trouble, pain and loss of the features of life ). Types of types of problems due to death: Lack

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Road Accident Benefit Scheme

The proposal for a new car accident benefit scheme, to be called the ‘Road Accident Benefit Scheme’ (RABS), was printed in the Government Gazette on 21 November 2011 resulting from a procedure set in motion before the Road Accident Fund Commission (RAFC) was appointed in 1999. The record of the RAFC premiered in 2002 and Cabinet accepted the recommendations in principle. Before thinking about the new proposed program, let’s study the background of the existing Road Accident Fund, summarised as follows: Its mandate will be to provide cover to all users of South African streets against injuries sustained or death due to incidents involving the negligent driving of cars inside the borders of South Africa. The Road Accident Fund provides two forms of address, namely: Accidental injury or death insurance to victims and their families; and Indemnity cover to wrongdoers. The RAF is currently funded by a fuel levy imposed on fuel sold and, certainly, the number of cars on the street influences the quantity of fuel sold which, subsequently, translates into revenue for your RAF. This, nevertheless, also influences the amount of accidents. Volume and severity of accidents affect the size and average value of claims lodged against the RAF. RAF’s administration costs are a variety of states and third party costs (including attorneys and medical or legal experts ). Fault-based system; and  Insurance principles. Even though RAF Amendment Act, August 2008, provides a reasonable, ecological and more equitable settlement process it remains to be centered on fault. On claims for non-pecuniary loss this amendment introduced a limit on claims for loss of money and several other restrictions, inter alia. In the same time, the common law claim for the total amount of the loss perhaps not paid by the RAF was abolished. The RAF is required to pay compensation provided that an accident or death is due to the negligent or other wrongful act of the driver. Inherent within the fault-based system are numerous difficulties including the system being ready to accept abuse on account of human failing., opportunistic claims, over-inflated and pain claims, mismanagement, skilled malpractice and fraud The device has already been insolvent for almost three years.                  

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