Road Accident Fund Claims - Road Accident (2024)

FAQs

Can you claim twice for the same accident? ›

Can I make a claim for a new accident if I've already claimed before? If you have been unfortunate enough to endure another personal injury, you could be eligible to make a new claim for compensation for your new injury. However, you cannot claim for the same injury twice.

According to the RAF's annual report for 2020, the average value paid out per claim was R138,010. R826,007 was the average pay-out for loss of earnings. R482,291 was the average pay-out for general damages.

Car accident claim time limit: Car accidents and road traffic accidents in general have a three-year limit from the date of the accident. If you were left incapacitated and unable to claim for some time after your accident, you would have a three-year limit from the date of recovery.

It's possible to claim for multiple injuries following any type of accident that wasn't your fault. Some common causes of multiple injuries include: Road traffic accidents.

If you were involved in a car accident that was not your fault, you may be eligible to claim compensation for all injuries, physical as well as mental. This includes anxiety.

The basic legal principle behind an award of compensation for pain and suffering is to put the injured person back into the financial position they would have been in had the accident not occurred.

What is the time limit for RAF claims? RAF claims must be submitted within three years of the date of the accident if the wrongdoer is identified. In the case of a hit-and-run accident, you must submit your claim within two years of the date of the accident.

Defer to someone with better qualifications, including public safety officials. If an injured person is conscious, ask if he or she needs an ambulance, if anyone is, or may be, seriously injured or is unconscious, call 911. Prevent: Take steps to prevent more loss.

How do you say sorry for accident? ›

Once a settlement has been reached in court, it can take the RAF as long as 180 days or more to pay you the awarded amount. At the end of 2020, the average pay-out period was 312 days. In the second quarter of 2021, it was 281 days on average.

The RAF also has to be satisfied that your injury is 'serious' before you are entitled to be paid for pain and suffering. The RAF may reject your claim either on the merits or as not being 'serious'. They can also decide that the accident was partly your fault and offer you only a percentage of your loss.

If you've suffered a serious injury in a road accident that wasn't solely your fault, it's likely you're entitled to claim damages from the RAF. These could cover your past and future medical expenses, loss of income associated with the injury and compensation for pain and suffering.

Once an insurance company has admitted liability and agreed to process the claim, they tend to move quickly. Some claimants receive their compensation in a few days. More commonly, the claimant will receive their compensation payment within 2 and 4 weeks.

In general, you have a time limit of up to 3 years from the date of the injury to make an injury claim. The last date you can make a claim is known as the claim limitation date - after which your injury claim becomes 'statute barred'.

Who can claim from the Road Accident Fund. Drivers, passengers, pedestrians, cyclists and motorcyclists can all claim from the Road Accident Fund, as long as they were not entirely responsible for the accident.

Your compensation will be calculated by adding together: General damages - awarded for pain, suffering and loss of amenity (PSLA), and; Special damages - awarded for any financial losses or costs you have incurred.

The general principle is that compensation for multiple injuries is calculated on a case-by-case basis. The actual award may be more or less than the sum total of what would be awarded for the individual injuries, depending on the overall impact on a claimant's life.

How much is a neck injury worth? It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. Neck disc injury cases that result in surgery average over $200,000.

Can I claim compensation for depression? ›

If you have developed depression, PTSD, anxiety or another emotional difficulty as the result of an accident, then you be entitled to claim compensation.

Compensation claims for anxiety can be made, even if you have not suffered any physical injuries in the accident. The anxiety you are experiencing must be serious enough to fall into a specific class of psychiatric symptoms that are a recognised condition.

A claim for a psychological injury follows the same process as any other injury claim; the victim can claim for the pain and suffering the injury has caused them, as well as any financial losses that may have occurred as a result of the accident.

How A Personal Injury Claim Is Calculated. The amount of compensation is usually directly proportional to the extent of injury that the pursuer has suffered. This generally means, that the more severe your injury, the higher the amount of compensation you would expect to receive.

The composition of compensation

compensation is split into three parts – or 'heads of damage'. Each part considers either what the injured person has already lost, what he might lose or need in the future, or how much he has suffered. The courts often calculate using previous cases with a similar injury.

There are two main types of personal injury compensation damages: compensatory damages and punitive damages.

Loss of income may be claimed by a survivor of a road crash and is limited to N$ 100 000.00, with certain limitations and exclusions. Loss of support may be claimed by a dependant of a deceased and is limited to N$ 100 000.00, with certain limitations and exclusions.

How soon after the accident does a person need to lodge a claim with the RAF? A claim must be lodged by the claimant within three years from the date of the accident or from the date on which the claim arose. This does not apply to a claim by a child under the age of 18 years old.

The minimum amount generally paid at this stage starts at R150 000. The balance is settled once the RAF pay-out has been received. The final payment will depend on the time the RAF takes to settle the court order, with average total pay-outs around R800 000.

Take any action required to deal with the immediate risk. Contact the emergency services if necessary. Contact your supervisor and make them aware of the situation. Ensure the incident is properly recorded in accident book.

What 4 actions should you take after a first aid incident? ›

Don't say “I'm sorry”

DON'T! A simple “I'm sorry” can be used to show that you admitted guilt and responsibility for the accident. Even if you mean “I'm sorry you're late for work” or “I'm sorry you are hurt” – try to avoid using the words “I'm sorry”.

Avoid using phrases like “it was my fault,” “I'm sorry,” or “I apologize.” Don't apologize to your insurer, the other driver, or law enforcement. Even if you are simply being polite and not intentionally admitting fault, these types of words and phrases will be used against you.

In the second option, "Why did you not tell him that you had had an accident? ​", the "did" is written away from "not" which is not a correct format. Hence the correct answer is "Why you did not tell him that you had had an accident?".

It's normal to feel guilty after a crash if someone sustained injuries or had to seek emergency medical attention. Causing property damage. Property damage is nearly unavoidable after a wreck. You may feel sorry that the other driver has to get their car fixed—especially if it sustained more damage than yours.

The best course of action after an accident is to not apologize and attempt to remain calm. While you should still be respectful and courteous to the other individual or individuals involved in the accident, refrain from making any apologetic statements. This will help avoid confusion down the road.

Whatever you do after a motor vehicle accident, do not apologize to the other driver. Not only can an apology suggest that you'd be at fault, but various other causes could also impact the accident.

An Attorney is entitled to a Maximum of 25 % of the settled amount. This will mean that the Attorney can charge (25% of R100 000.00). Any disbursem*nts incurred still needs to be subtracted which will mean that you might receive between 60% to 70% of your claim amount.

R2.5 million and 100% of medical costs

In January 2020, the RAF was ordered to pay R2 578 850 and all future medical costs to a man who suffered a severe head injury in a road accident.

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

How much does RAF pay for loss of support? ›

The amount you can claim from the RAF will depend on the case, your circ*mstances, the income and earning trajectory of the breadwinner and his or her dependants. The RAF's latest annual report stated that the average loss of support claim in 2020 was for R450 307.

The RAF provides compulsory social insurance cover to all users of South African roads; rehabilitates and compensates people injured as a result of the negligent driving of motor vehicles in a timely and active manner; and actively promotes the safe use of our nation's roads.

The law defines a serious injury as an injury that results in any of the following: death. significant disfigurement. dismemberment.

Car accident claim time limit: Car accidents and road traffic accidents in general have a three-year limit from the date of the accident. If you were left incapacitated and unable to claim for some time after your accident, you would have a three-year limit from the date of recovery.

Yes, you'll typically always have to file two separate insurance claims — one for the damage to your car, and one to the damage to your home and personal property. This is the case even if you bundle your home and auto insurance with the same company. Why?

As per industry experts, there is no restriction to the number of claims you can file under your car insurance policy in a year. In cases of frequent damage to your vehicle due to accidents, you can file as many claims as you want.

Unfortunately, you would be filing a collision claim which would be categorized by your insurer as an at-fault accident.

Minor back injuries: up to £10,450. Moderate back injuries: £10,450 – £32,420. Severe back injuries: £32,420 – £134,590. Dislocated shoulder (with possible permanent damage): £10,670 – £16,060.

How long does an insurance company have to investigate a claim? ›

Generally, the insurance company has about 30 days to investigate your auto insurance claim, though the number of days vary by state.

Although there is no limit to how many car insurance claims you can file per year, you will find that most car insurance companies will notify you that your policy could be dropped soon if you file two claims within two years. Once you file a third claim, there is a chance that the insurer will drop you.

An insurance claim is a formal request by a policyholder to an insurance company for coverage or compensation for a covered loss or policy event. The insurance company validates the claim and, once approved, issues payment to the insured or an approved interested party on behalf of the insured.

Non accidental loss of vehicle – In case your vehicle is damaged without facing an accidental scenario or natural calamity your claim might get rejected, as insurance companies settle claims or offer cashless benefits only in case of circ*mstantial damage and no claims for repair or wear/tear will be entertained.

Call your insurance company immediately after the accident and inform them about the damage. Intimate the police about the incident and obtain an FIR. Record the details of the car, the driver, and the witnesses in the FIR. File a claim with your insurance company and ask them to assign a surveyor to evaluate the loss.

Insurers can cancel policies or choose not to renew at the end of a policy term. Non-renewal can occur after multiple accidents or filing too many claims. At the same time, more immediate cancellations can result from serious issues like loss of driving privileges or insurance fraud.

The term 'third party' refers to a person involved with a car insurance claim who is not you – (the holder of the policy or the driver). So this is usually the other driver involved in an accident.

Although we've outlined that comprehensive claims are not that expensive, having multiple claims can put you at risk to be dropped by your insurance provider. While it can vary, three claims within a three-year period may result in policy non-renewal or cancellation.

If you were involved in a car accident that was not your fault, you may be eligible to claim compensation for all injuries, physical as well as mental. This includes anxiety.

Should I accept the first compensation offer? ›

Unless you have taken independent legal advice on the whole value of your claim, you should not accept a first offer from an insurance company.

Once an insurance company has admitted liability and agreed to process the claim, they tend to move quickly. Some claimants receive their compensation in a few days. More commonly, the claimant will receive their compensation payment within 2 and 4 weeks.