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).