If you’ve suffered serious personal injury – mentally or physically – because of a road accident, you may be considering instituting a claim and wondering how much such a claim could be worth.
Claiming from the RAF
The Road Accident Fund (RAF) is a government insurance fund that provides financial compensation to those seriously injured in accidents on South African roads.
You can claim for financial compensation if you suffered personal injury in a road accident as a pedestrian or driver and weren’t entirely responsible for causing the accident. You can also claim if a breadwinner in your family has died as a result of a road accident.
Depending on the situation, you can claim for the following:
- medical expenses
- loss of support due to the death of a breadwinner
- funeral costs
- loss of income
There are also cases in which you can claim for general damages such as pain and suffering because of an accident, but this will depend on the circumstances. An experienced attorney will be able to advise you.
Validity of claim
Not following the proper procedure after an accident – for example, failing to contact the police or failing to stop your vehicle – could count against you and affect the validity of your road accident claim with the RAF.
Also, a time limit applies for claims against the RAF. Typically, a claim must be filed within three years of an accident if the identity of the other driver involved is known, or two years if the other driver’s identity is not known.
Factors influencing the value of a settlement
A number of factors influence the amount that the RAF pays out when settling a claim
Degree of fault
Sometimes, just one driver is held exclusively responsible – or liable – for a road accident. In other cases, liability is shared. For example, one driver might be found 80% liable and the other 20% liable for an accident.
The extent to which you’re considered liable for an accident is one of the factors that will influence the value of your claim.
Severity of injuries
The amount you receive will be influenced by how much you have suffered because of the accident. Expert medical opinions about the severity of your injuries and their likely long-term consequences are among the key factors that will be taken into account.
Medical expenses
You or your insurer will have to cover the cost of any medical expenses while your claim is being processed. However, a successful claim may mean the RAF will compensate you for past and/or future expenses.
Limits apply to the amounts paid out for certain claim types. For example, claims for loss of earnings and support are currently capped at R276 928. This value is adjusted periodically to account for inflation.
However, compensation for medical expenses isn’t capped and are paid upon proof of the expense.
Average RAF settlement pay-outs
The RAF’s annual report for 2017 reported the following figures:
- the average pay-out for loss of earnings was R645 832
- the average pay-out for general damages was R390 004
- the average pay-out for medical expenses was R15 030
- the average pay-out per claim was R117 059.
Kirstie Haslam, a director of DSC Attorneys, cites two claims that were settled with the help of an experienced attorney.
A man who sustained serious injuries – including a fractured knee, broken arm and fractured vertebrae – and lost both his wife and 9-month old son in a road accident received a pay-out of R2 887 387 from the RAF.
A female passenger who sustained multiple fractures and a head injury, which left her with a speech impediment, was awarded R6 170 487.
The result of any road accident claim will depend on the unique circumstances surrounding the claim. However, those with professional legal help have an advantage and, on average, tend to be awarded higher settlement amounts. If you plan to pursue a road accident claim, it’s best to contact a qualified attorney.
