RAF Claim Process Payment Procedure - Gert Nel Inc Attorneys (2024)

Once the matter is settled, we arrive at RAF Claim Process Payment Procedure. The file is handed over to our finance department where it is prepared and handed over to a cost consultant to draft and prepare the relevant attorney and client and the party and party bills of cost.

Party and party costs are the costs that the Road Accident Fund pays as a cost contribution to the attorneys’ fees and are usually ordered by the Court in favour of the client.

Once the party and party bill of costs has been drawn up it is served upon the Road Accident Fund for taxation purposes.

The taxation date (in other words, the date on which the costs will be settled) will be secured as soon as the cost consultants have secured a date.

The capital (settlement amount) usually takes 180 days from the court date to recover from the Road Accident Fund.

In terms of our fee agreement, all fees and disbursem*nts are deducted from the first available funds and, the difference is paid to the client as a first payment. Once we receive the party and party costs (cost contribution), a second payment is made to our client which, if added to the first payment, will ensure that the client receives no less than seventy five percent of the capital.

If the Road Accident Fund defaults on their payment, a writ is obtained and served by the Sheriff against the Road Accident Fund. This process, unfortunately, adds to the amount of time that it may take to either make the first or second payment.

Clients are contacted as soon as payment is received from the Road Accident Fund to confirm their banking details. Our finance department is also tasked to ensure that the relevant Section 17(4)(a) – undertakings are recovered from the Fund.

Kindly refer to FAQs, for the effective use of an undertaking.

Clients are reminded to refer all payment queries to our finance department at telephone number: 012 333 8290

Please have your “GN” reference numbers and banking detail available.