15/03/2019
Good day,
Have or or anyone you know ever been involved in a Mortor Vehicle Accident?
We assist with third party claims, kindly make use of our services.
Q: WHAT CAN YOU CLAIM FOR?
A: The RAF COMPENSATES THE VICTIMS OF MVA FOR THE FOLLOWING: -
PAST & FUTURE MEDICAL EXPENSES:
A third party may claim all his/her proven past and future medical expenses from the RAF. The medical expenses must be directly related to the injuries sustained in the accident. If the medical expenses are not related to the injuries sustained in the accident the RAF will not be liable to compensate the third party for such unrelated medical expenses. Only proven medical expenses will be compensated. The third party must furnish the RAF with proof that the medical expenses were indeed incurred. A supplier of medical services such as a hospital or medical practitioner (referred to in the Act as a “supplier”) also has the right to claim directly from the RAF such expenses. Where the RAF paid the medical expenses to the supplier the third party can no longer claim the medical expenses from the RAF.
PAST AND FUTURE LOSS OF EARNINGS:
A third party may claim his/her proven past and future loss of income from the RAF if the third party is, as a resulted of the injuries sustained in the motor vehicle accident, not able to work. If the third party claim arose on or after 1 August 2008 (the claim arises on the date of the motor vehicle accident) the RAF’s liability to compensate the loss is limited to a prescribed cap (R 160 000 at 1 August 2008). The cap is adjusted quarterly to take into account inflation. If the third party claim arose prior to the aforementioned date no cap applies to the claim for loss of income.
PAST AND FUTURE LOSS OF SUPPORT:
If a person (breadwinner) is killed in a motor vehicle accident and the dependent (third party) of the breadwinner may claim from the RAF his/her proven past and future loss of support. If the third party claim arose on or after 1 August 2008 (the loss of support claim arises on the date of death of the breadwinner) the RAF’s liability to compensate the loss is limited to a prescribed cap (R 160 000 at 1 August 2008). The cap is adjusted quarterly to take into account inflation. If the third party claim arose prior to the aforementioned date no cap applies to the claim for loss of income.
FUNERAL EXPENSES:
The RAF is liable to compensate the person who was in law responsible to pay for the funeral expenses of a person killed in a motor vehicle accident. The RAF’s liability to compensate the funeral costs are limited to the necessary actual costs to cremate the deceased or to inter him or her into the grave.
GENERAL DAMAGES:
General damages or non-patrimonial loss refers to damages for pain and suffering and loss of amenities of life that the third party has suffered due to the injury that he/she has suffered as a result of the motor vehicle accident. The assessment of this type of damage is to a great extent arbitrary since the loss is not patrimonial and incapable of true economic valuation. The best must be done on all the facts of the case to arrive at an amount which may afford the injured person some comfort and solace for the hurt he/she has suffered and will continue to suffer.
The RAF’s liability to compensate for general damages where the third party claim arose on or after 1 August 2008 (the claim arises on the date of the motor vehicle accident) is limited to compensation for serious injuries only. The Act and the Road Accident Fund 2008 Regulations set out a procedure in terms of which the third party’s injury must be assessed to determine whether the injury is considered serious for purposes of qualifying for general damages.
APPORTIONMENT OF DAMAGES:
The scheme of third party compensation administered by the RAF in terms of the Act is based on the common law, therefore a third party’s entitlement to compensation is reduced in proportion to the third party’s own fault (negligence) in causing the motor vehicle accident. In instances where the third party’s failure to wear a seatbelt (motor vehicle driver / passenger) or to wear a safety helmet (motor cyclist) contributes to the severity of the injuries such failure is taken into consideration by the RAF when assessing the amount of compensation due to the third party.
COLLATERAL BENEFITS:
Sometimes a third party receives payment from sources other than the RAF in respect the third party damages. Certain of those payments may be taken into account by the RAF when assessing the amount of compensation due to the third party.
