BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | Apr 20, 2021
Blog By
Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims
The Road Accident Fund Act has a number of requirements when it comes to how quickly claimants must act. The time periods depend on a number of aspects, including:
• is the identity of the driver or owner of the vehicle that caused the accident is known?
• the age of the claimant at the time of the accident.
Where the identity of the driver or owner of the vehicle that caused the accident is known to a claimant – the claim must be lodged within 3 years from date of the accident. If a claimant does not lodge a claim within 3 years, the claimant will be barred from doing so. This is referred to as prescription of the claim.
If the claimant was a minor at the time of the accident, the prescription period will only start to run on the date that the child reaches the age of majority (18 years).
HOWEVER, WHERE THE IDENTITY OF THE DRIVER OR OWNER OF THE VEHICLE THAT CAUSED THE ACCIDENT IS NOT KNOWN TO A CLAIMANT, THINGS ARE A BIT DIFFERENT. IN THIS CASE, THE CLAIM MUST BE LODGED WITHIN 2 YEARS FROM THE DATE OF THE ACCIDENT, REGARDLESS OF ANY IMPEDIMENT (I.E. BEING A MINOR – UNDER THE AGE OF 18).
To summarize, the prescribed periods are as follows:
• FIRSTLY: If the identity of the driver or owner of the vehicle that caused the accident is known to the claimant, the claim must be lodged within 3 years from the date of the accident;
• AND: where the identity is known, the prescription period does not run against a minor until the minor reaches the age of 18;
• SECONDLY: If the identity of the driver or owner of the vehicle that caused the accident is unknown, the claim must be lodged within 2 years from the date of the accident;
• BUT IMPORTANTLY: THIS PERIOD OF 2 YEARS DOES RUN AGAINST A – WHERE THE IDENTITY OF THE DRIVER OR OWNER OF THE VEHICLE THAT CAUSED THE ACCIDENT IS UNKNOWN TO THE CLAIMANT.
The above is intended for information purposes only and is not intended, and should not be regarded, as legal advice. Should you require legal advice, kindly contact our offices and schedule a consultation with one of our attorneys.
Meise Nkaiseng Attorneys assists and represents a broad spectrum of claimants with their claims against the Road Accident Fund throughout South Africa, and were awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).