Road Accident Fund
What is a Road Accident Fund claim?
A Road Accident Fund claim, also known as a third party claim, is a claim which can be instituted to recover compensation on behalf of any person who suffered damage as a result of bodily injury to themselves, or bodily injury or death of another as a result of a motor vehicle collision. Parties who can claim are:
- A party who sustains bodily injuries in a Motor Vehicle Accident.
- When a breadwinner of a family is killed then the surviving spouse and the children are the persons who suffered damage by way of the loss of the financial support of the breadwinner.
- Where a minor is injured and has to receive medical treatment. In this case the parent would be the claimant in respect of the medical cost incurred because they are the person who had to pay for such costs and therefore has suffered damages and the minor would be the claimant in respect of the bodily injuries he/she sustained.
What is the Road Accident Fund?
The Road Accident Fund is a statutory body established by law to administer the system of compensation for damages suffered due to bodily injury or death caused by the negligent driving of a motor vehicle. Think of it as the insurance company for the wrong doing driver.
How is the Road Accident Fund financed?
The Road Accident Fund is financed by a levy on all fuel consumed. The proceeds of this levy is paid into the Road Accident Fund.
Who may claim against the Road Accident Fund?
Any person who has suffered damage owing to bodily injury to him or herself or to the death or bodily injury of someone else, may claim compensation provided the following can be established. See other injury claims such as negligence:
- That their damages were caused by the driving of a motor vehicle.
- That such motor vehicle was negligently driven.
- That the bodily injury or death resulted from a motor vehicle collision.
Examples of people who may claim are:
- Pedestrian negligently knocked down by a motorist.
- Passenger in a motor vehicle negligently driven.
- Passenger or driver in a motor vehicle struck by another vehicle which was negligently driven.
Note: A person who is solely responsible for their own injury does not have a claim, however a person whose injuries were caused partly by his own fault and partly by the fault of another motorist is entitled to compensation. (Although the compensation will be apportioned, in other words reduced).
Claims must be lodged with the Road Accident Fund
Unidentified claims in which neither the owner or driver can be identified can still be instituted against the Road Accident Fund but they are subject to certain restrictions, including that they have to be lodged within two years of the cause of action (normally the date of the collision) or the claim will prescribe. (The person will lose their right to claim)
For more info on the Road Accident Claim Process, please click here to be redirected to our Road Accident Claim Site, alternatively please fill our form to see if you qualify for a Road Accident Fund Claim