Third party claims (Part 2)

Road accident fund

So what can you assert for?


Claims for physical injuries


If you’re injured within an accident, it is possible to claim for:


Your medi-cal expenses: money you taken care of hospitals and physicians to deal with you

Damages for pain, putting up with and disfigurement (if body is scarred by the injury) your)

loss of earnings, when you haven’t been able to really work after the injury.

Claims for lack of support


Then the dependants of such individual has the capacity to claim for lack of support, in the event the breadwinner within the family perishes within an accident brought on by somebody else.


A ‘dependant’ is somebody who is dependent upon another person for food, clothing, shelter, etcetera. In the event the bread-winner had a legal duty to aid you you’ll only succeed with an alternative party claim as a dependent. For example, the widow of somebody who dies could claim damages for herself and the minor children of the dead person. However, you’d not be thought of as a dependant of your own buddy who makes it possible to with cash each month.


Who would you claim from?


The claim is from The RAF. The Fund has offices in Randburg, Pretoria, Durban and Cape Town. A third party claim is not against the negligent driver or the holder of the automobile. The RAF ‘steps in to the shoes’ of the driver/owner and pays for the kids.


Having legal counsel


The RAF employes informaiton officers at all division offices of the RAC to help folks by making use of their claims without any charge. However, if you want to utilize an attorney they’ll charge because of their services. They may ask you for a deposit to cover the initial costs, in the event the lawyer believes the claim will succeed. In case the claim is successful, the attorney is paid by you with a few of your claim money. In case your claim is successful the RAF will even contribute towards the legal costs. She or he should counsel you to not proceed with all the claim, in the event the lawyer believes the claim won’t triumph. Then you definitely just need to cover the very first consultation with all the lawyer.


At the very first consultation by means of your lawyer you need to check into the legal costs involved. Do not hesitate before the end of the lawsuit or resolution to talk to your lawyer about how much it’ll cost you and how you’re likely to pay. You need to approach the Legal Aid Board to submit an application for legal aid, if you believe you can’t pay the legal costs involved. Your lawyer can let you employ. (See Applying for legal aid) You’re able to also apply to the Law Society in your and society will advocate law the that a lawyer manage the issue on a pro bono basis (in other words, for free


). The claims process


Time-limits / Prescription periods


Should you know who caused the misfortune, you have to lodge the claim within 3 years from the exact date of the misfortune. In case you don’t understand who caused the injury you got two years to maintain. No matter the case, your claim must accomplish The Road Accident Fund in time, or you also will definitely lose the right to claim. You didn’t result in any delays, and in the event the lawyer makes the claim too late, then you definitely can institute an action from the lawyer for the perhaps not staying with the full time limits which led to your claim prescribing.


Getting ready to ask your lawyer


Should you’ve got specific details ready prior to going to a lawyer it’ll speed things up. These are:


your identity document (ID)

the license number of the automobile that caused the misfortune

the police case number

details of the driver or the owner of the automobile

details of any witnesses to the misfortune, for instance names and addresses, statements, and so on a hospital patient number

In the event the claim is with a dependent of the bread-winner who had been killed within an accident, these files will even be needed:


ID of deceased

Death certificate of deceased

Copy of query, if available

Copy of latest payslip

Funeral expenses

Files you’ll want


In case the attorney agrees to simply take the case, then you definitely can assist the attorney to have a number of the required files:


Medi-cal report, or if a man was killed within the accident you need to acquire an inquest record (this is really a record of the court enquiry in to someone’s departure).


Continue to part 3

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