Lawyers typically see an influx of road accident claims following the festive season and this year is no exception with the recently released disturbing festive season statistics.
This is according to Kirstie Haslam, partner at DSC Attorneys, whose firm has seen an 83% increase in claim enquiries in January compared to December.
She points out that as well as the recorded 1,502 deaths resulting from the 1,234 fatal crashes during the 2024/25 festive season which saw a concerning 5.3% increase compared to the 2023/24 festive season, there were also many more accidents that occurred where people were seriously injured.
“Sadly, many of these accidents could have been prevented as a large percentage were due to bad driving behaviour,” she says.
If you or a family member have been injured Haslam says that it is important to know the procedures involved to make a claim, especially due to the fact that the RAF claims process is complex and time-consuming and can take several years to finalise.
“This is due to a number of factors; among these are the RAF’s heavy caseload, inefficient administration and the complex nature of road accident investigations,” she explains.
“It also takes time to secure consultations with leading medical experts, and to secure court dates.”
She says that the best advice is to use the services of a personal injury attorney with specific experience in handling RAF claims as this will give you the best chance of getting appropriate compensation.
How to claim: an overview of the RAF claims process
Haslam says that it’s a good idea to be familiar with the RAF claims process. Even though your attorney will guide you, it can help to have an overview of the steps involved at the outset so that you are prepared when making your claim. She highlights what this includes:
Submission of required documents for a RAF claim
As the first step, the attorney gathers and compiles evidence to support your RAF claim.
For example, this includes:
– a police report about the road accident
– contact details of everyone involved
– medical records detailing injuries and any treatments
– any witness statements
– other information relating to the accident, such as damage reports
– medical invoices and statements relating to your injuries.
Your attorney will compile the collected information and evidence for submission to the RAF using the prescribed RAF forms, along with supporting documents.
Registration and investigation by the RAF
Once the claim forms have been submitted, the RAF registers the claim on its claim system.
After registration, the validity of your claim is investigated.
The RAF has 120 days to conduct its investigation. However, the RAF often fails to complete its investigation process within the allotted time.
In fact, the RAF may fail to respond before a claim prescribes (lapses after a specific amount of time has passed) if no legal intervention occurs.
Issuing a summons to the RAF
Once the 120-day period has elapsed, your attorney can issue a summons to inform the RAF that you will pursue the claim in court.
The RAF is then compelled to make a settlement offer or defend its decision in court.
If the case appears likely to proceed to trial, you’ll need expert medical testimony to back up your claim.
A lawyer specialising in RAF claims will have access to the right medical experts, as well as the appropriate legal know-how and experience.
Negotiating a settlement if an offer is made
The RAF may make a settlement offer at any point in the claims process.
Assisted by medical and legal experts, the parties negotiate the best possible settlement out of court.
This may occur early on. More often though, it happens later in the claims process – even after court proceedings are well underway.
An experienced attorney is familiar with court rulings about compensation in a broad range of road accident cases. So the attorney can advise on whether a particular settlement offer is in your best interests.
Securing a trial date
If no settlement offer is received, the claim is pursued in court.
It may take a considerable amount of time to secure a trial date.
Each division of the High Court has different pre-trial procedures that must be followed before a case is considered “trial ready”. It can also be challenging to secure a date when key medical experts are available to testify.
In some cases, it’s necessary to secure more than one trial date. An initial court hearing may establish the liability or negligence aspect of a claim. A further hearing may then determine the amount of compensation that’s due. If no settlement is reached, the trial proceeds and a court decision is reached.
Payment of RAF compensation
It may take the RAF as long as 180 days, or even longer, to pay you the awarded compensation.
However, Haslam says that a good attorney will insist that mora interest be paid to you on the outstanding amount, starting 30 days after the date of the court order or settlement, or as otherwise agreed or ordered by a court.
