You may think it would be faster – and financially in your best interests – to try claiming from the Road Accident Fund (RAF) without a lawyer.
In fact, road accident victims typically obtain far more favourable financial settlements with the guidance of experienced attorneys.
In this article, we discuss:
- RAF direct claims and the issue of allowing the RAF to serve as both judge and jury
- reasons to engage a lawyer when claiming from the RAF
- lawyers’ legal costs in South African RAF claims
- how DSC Attorneys can help.
RAF encourages victims to make direct claims
The RAF continues to encourage road accident victims to pursue direct claims, rather than enlisting legal assistance.
In reality, making a direct claim isn’t as easy as the “3 simple steps” that the RAF suggests – and it often isn’t in claimants’ best interests.
RAF acts as judge and jury
Why would you allow the RAF – the body against which your claim is made – to assess your claim? It makes the RAF both judge and jury.
What’s more, why would you give a state-owned entity that owes R17.2 billion in unpaid claims the sole power to decide if you deserve compensation and how much it should be?
Reasons to engage a lawyer
These reasons explain why it’s never in the best interests of a road accident victim to try claiming directly from the RAF without a lawyer.
Short-changed with hasty settlements
In an attempt to push through 98% of claims within 120 days – as the RAF states it can do – it’s making hasty decisions.
Unrepresented claims are processed quickly, without due diligence and long-term injuries may be overlooked.
How can a proper investigation into the quantum of a claim be completed when settlements are so speedy? Without legal representation, a claimant has no way of knowing if the offered compensation is adequate or not.
This is leading to under-compensation of road accident victims.
No recourse for direct claims
According to Mvuso Notyesi of the Law Society of South Africa (LSSA), experience shows that the RAF authorities “always under-settle claims.”
In the case of a direct claim, the claimant has no legal recourse in the event of a claim being rejected or under-settled.
RAF appoints its own experts
In a direct claim, the RAF appoints medical and other experts, whose interests may not be the claimant’s.
Rudy Heyneke, of the Outa anti-tax abuse lobby group, has said, “When you’re processing your own claim, [the RAF] appoints you a medical examiner and so forth … whose interests do you think they will look out for?”
RAF can reject your claim
According to the LSSA, a direct claim may be rejected if the RAF doesn’t consider it “serious” enough.
It’s the RAF’s job to investigate and exclude all claims it considers that it’s not obliged to pay.
Direct claims may expire
There’s a risk that a direct claim won’t be finalised in time and will expire or be prescribed.
Note that if the RAF allows a claim to prescribe, however, it is possible to sue the Fund.
You have to pay for documents
If you make a direct claim, you have to source and pay upfront for reports, records, affidavits and complete documents.
These costs can run into thousands of rands.
Essential documents include:
- RAF documents (RAF1 and RAF4)
- medical reports from doctors and specialists
- serious injury assessment report
- witness statements
- photographs of the accident and injuries
- medical records from the hospital and doctors
- documents relating to income and future earnings.
How much will a lawyer cost?
The RAF states that many attorneys charge exorbitant fees for their services. In fact, many attorneys who specialise in personal injury claims work on a contingency basis.
With a contingency fee agreement in place, an attorney will not be entitled to fees for their services unless you win your case.
If you win the case, an agreed percentage of the compensation is paid to the attorney. To protect claimants, a cap is imposed by law on attorneys’ contingency fees.
What a lawyer does that you can’t do yourself
Claiming from the RAF is a complicated and technical process. Lawyers have expertise, experience and know-how to assist with a personal injury claim against the RAF.
They negotiate the very complex and traumatic administrative and legislative process. Lawyers know the necessary documents, how to get reports, complete them and submit them.
