Are you in time to claim from RAF?
Legal matter column - free legal advice from the experts
In a previous article, we discussed particular aspects surrounding the Road Accident Fund (RAF).
In this article, we will discuss who can claim and when they need to claim by.
Basically speaking, any person who has suffered loss due to a vehicle accident (this includes pedestrians being hit by vehicles) and the accident wasn’t their fault may lodge a claim against the RAF.
The second question is when you must claim by. This is a common question posed to us as we have clients approach us that were in an accident years ago and have now found out about the RAF and want to claim. Alternatively, the injury they sustained which did not seem too bad has gotten worse and now they want to try and claim.
In this regard, we refer to a term known as “prescription”. To try and explain this simply, prescription is the period in which a person must institute legal action, failing to do so the claimant will lose their right to claim. Generally speaking, this period is three years after the date the amount/claim became due.
When talking about an RAF claim, the following applies:
1. If the driver of the vehicle responsible for the accident is known and the injured person is a major (18 years old and over) the claim needs to be lodged within three years from the date of the accident. Thereafter court proceedings need to be instituted within two years from that date.
In the case of a minor (younger than 18 years), the claim needs to be lodged within three years from the date the child turns 18.
2. If the driver of the vehicle is unknown (hit and run), the claim needs to be lodged within two years from the date of the accident, irrespective of whether the injured person is a minor or not. Court proceedings need to then be instituted within three years from that date.
We urge anyone who has had an accident, recently or in the past, to consult with an RAF attorney with the intention of checking if they have a claim. As the age-old saying goes: “If you don’t ask, you don’t get”.
Article compiled by Tuckers.
For any further information on this topic or any other topic, you may contact our offices on info@tuckers.co.za or 011 897 1900.
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