What can I claim for from the Road Accident Fund?

What can I claim for from the Road Accident Fund?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | Apr 28, 2021

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

If you suffer loss or damage caused by the negligent driving of a motor vehicle by another person, you may claim for reasonable and fair compensation from the Road Accident Fund.

The following are examples of loss/damages recoverable from the Road Accident Fund:

• Past & future medical & hospital expenses;
• Past & future loss of earnings;
• General damages (an amount for pain, suffering, inconvenience, disfigurement/scarring and loss of the amenities of life);
• Loss of maintenance or support;
• Funeral costs.

General damages will only be awarded to persons who suffered injuries which are classified as serious in terms of the Road Accident Fund legislation.

Damage to property, such as the motor vehicle, clothing, luggage, etc. caused in an accident cannot be claimed from the Road Accident Fund. Such damages must be claimed directly from the person responsible for the accident.

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).

What do I need to claim from the Road Accident Fund?

What do I need to claim from the Road Accident Fund?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | Apr 28, 2021

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

A claimant will need to provide the following basic documents and information to Meise Nkaiseng Incorporated (“MNI”) to enable MNI to prepare and submit a claim to the Road Accident Fund.

Claiming from the Road Accident Fund in a claimant’s personal capacity:
• Mandate to attorney;
• Proof of identification;
• Residential address;
• Time, date and place of the accident;
• Photographs of the motor vehicles involved in the accident (if available);
• Photographs of the accident scene (if any);
• Details of any witnesses to the accident (if any);
• Accident Report or Accident Report number (if available);
• Proof of income before and after the accident (if available);
• Vouchers of medical expenses incurred due to injuries (if available);
• List of injuries suffered in the accident and details of treatment received;
• Hospital/patient number where treatment was provided.

Claiming from the Road Accident Fund in representative capacity (i.e on behalf of a minor):
• Mandate to attorney;
• Proof of relationship between representative and person on whose behalf is claimed;
• Proof of identification of representative and person on whose behalf is claimed;
• Residential address of representative and person on whose behalf is claimed;
• Time, date and place of the accident;
• Photographs of the motor vehicles involved in the accident (if available);
• Photographs of the accident scene (if any);
• Details of any witnesses to the accident (if any);
• Accident Report or Accident Report number (if available);
• Proof of income before and after the accident of the person on whose behalf is claimed (if applicable);
• School reports (if applicable);
• Vouchers of medical expenses incurred due to injuries (if available);
• List of injuries suffered in the accident and details of treatment received;
• Hospital/patient number where treatment was provided.

Further documents may be requested from time to time, depending on the circumstances of a claim.

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).

I have been in an accident, how fast must I act?

I have been in an accident, how fast must I act?

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).

Who Can Claim From The Road Accident Fund?

Who Can Claim From The Road Accident Fund?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | Apr 13, 2021

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

If you suffer loss or damages caused by the negligent driving of a motor vehicle, you can claim for reasonable and fair compensation from the Road Accident Fund.

Amongst other things, the following aspects must be proved:
• your losses or damages;
• that the losses or damages were caused by the negligent driving of a motor vehicle.

An injured person who is solely responsible for the accident does not have a claim. However, a person whose injuries were caused partly by his or her own fault and partly by the fault of another driver will have a claim. In this instance the compensation will be apportioned, in other words reduced. A person who has no blame in the cause of the accident (including a passanger), will be entitled to full compensation without any apportionment.

Examples of people who may claim include, amongst others:
• Pedestrian knocked down by a motorist;
• Passenger in a motor vehicle, even where the driver was the sole cause of the accident;
• Driver of a motor vehicle where the driver of another motor vehicle caused the accident;
• Dependents (wife and children) of a breadwinner, if the breadwinner passed away due to injuries suffered in an accident.

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 experienced 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).

What is the Road Accident Fund and what can it do for you?

What is the Road Accident Fund and what can it do for you?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | Apr 8, 2021

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

 

In short, the Road Accident Fund is a legal entity established in terms of the Road Accident Fund Act to provide compensation to victims of road accidents involving the negligent driving of a motor vehicle.

The Road Accident Fund in effect takes the place of the wrongdoer (negligent driver) when it comes to compensating victims of road accidents and, because of this, a victim cannot sue the negligent driver personally for loss or damages.

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 experienced 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).