The Smart Guide to Motor Vehicle Accident Claims

how do I claim?

The Road Accident Fund (“RAF”) was established to pay compensation to you if you suffer injuries and losses as a result of the negligent driving of a motor vehicle.

This scheme is funded by everyone in RSA by way of a levy on fuel.

The process and presentation of the claim that is submitted by you to the RAF for your compensation is a specialised area of law and the administration of the claim would benefit from the combined input of teams of experts:

• An attorney
• A reconstruction expert
• Medical experts

The attorney that you choose will guide your claim through its necessary stages and make use of the other specialists to ensure full and proper compensation for you. Your attorney will liase with the police, medical aids, hospitals, witnesses and all involved parties on your behalf.

This can be completed with no initial outlay of money by you. (see “what it will cost me?”).

what can I claim?

Your compensation will depend on the injuries you suffer, but are generally comprised of the following:

• Medical and hospital expenses;
• On undertaking to pay the anticipated cost of future medical costs that will be necessary over your lifetime incurred as a result of the accident;
• Past loss of earnings, which would include loss of opportunity to be promoted or receive a bonus due to the injuries you suffered in the accident;
• Future loss of earnings which may result over your lifetime, either by a reduction in your working life, or by your not being in a position to resume your former occupation or proceed with your intended career path as a result of the accident;
• General Damages for pain and suffering, loss of the amenities of life, emotional shock and disfigurement.

when should I claim?

Generally speaking, a claim must be lodged within 3 years of the accident.

If you are a minor, then your claim will not prescribe until 3 years after you turn 21. So, if you are currently 17, and your accident happened 5 years ago you can still claim today?

• If your collision is caused by an unidentified vehicle, then the claim must be lodged within 2 years of the accident, irrespective of whether you are a minor or not

how does my attorney assist me?

Your attorney will:

• Advise on whether you have a valid claim;
• Explain in detail how the claim works and is administered;
• Gather the information necessary to submit your claim to the RAF;
• Arrange for you to see medical experts to assist in proving your compensation claimed and make sure these witnesses are available to give evidence in court should you need them;
• Collect and analyse evidence from witnesses, doctors and your employers;
• Negotiate on your behalf with the RAF;
• Advise you regarding the RAF’s offer of settlement;
• Commence court proceedings on your behalf (if necessary).

what will it cost me?

If your claim is handled by an attorney who specialises in personal injury work, then in all probability, the attorney will charge you a contingency fee. Attorneys are allowed to charge percentages (to a certain limit) of the capital that you receive from the RAF.

Your attorney will not charge you “up front” if he/she is prepared to work with you on this basis.

Your attorney will not be paid if your claim is unsuccessful and there will be no payment “out of your pocket”.

There is little or no risk to yourself, especially if you use an attorney that specialises in accident claims, you will enter into written agreement with your attorney to formalise your agreement and to protect both of your rights.

REMEMBER:
You will not have to pay out of your own pocket

do I have to go to court?

No, you don’t. Your attorney will, on your instructions, attempt to settle your claim directly with the RAF. If settlement can’t be reached then court proceedings can be started.

You can submit the claim yourself if you wish, or you can contact a specialist attorney who has wide experience in the field and in the formulation and presentation of personal injury claims. It is recommended that an attorney be contacted as there are various issues you will need to have knowledge of i.e. prescriptive periods; statutes; rules of court etc. that need to be followed. Also a team of experts will be helping you, and your specialist attorney has the experience and contacts to organise the best team to help you.

Fiona Ayerst Attorneys Inc. are not the only firm handling personal injury claims and you are welcome to use any attorney of your choice.

who do we contact?

Fiona.Ayerst attorneys inc.
Tel: (011) 888-1118