If you or a close family member has been injured in a road accident, you may be investigating how to claim from the Road Accident Fund (RAF).
The RAF claims process is complex and time-consuming and generally takes several years to finalise.
This is according to DSC Attorneys partner, Kirstie Haslam, who says it can help to be familiar with the actual claims process.
Overview
The process can take a long time to complete due to a number of factors.
“Among these are the RAF’s heavy caseload, inefficient administration, the time it takes to secure consultations with leading medical experts, delays in securing court dates and the complex nature of road accident investigations,” she explains.
Submission of documents
Your attorney gathers and compiles evidence to support your RAF claim. Haslam says this includes:
- a police report about the road accident;
- contact details of everyone involved;
- medical records detailing injuries and any treatments;
- any witness statements;
- other information relating to the accident, such as damage reports; and
- medical invoices and statements relating to your injuries.
“Your attorney will compile the collected information and evidence for submission to the RAF using the prescribed RAF forms, along with supporting documents,” she says.
Registration and investigation
Once the claim forms have been submitted, the RAF registers the claim on its claim system and after registration, the validity of your claim is investigated.
Haslam says the RAF has 120 days to conduct its investigation. The RAF often fails to complete its investigation process within the allotted time.
Issuing a summons
Once the 120-day period has elapsed, Haslam says your attorney can issue a summons to inform the RAF that you will pursue the claim in court. The RAF is then compelled to make a settlement offer or defend its decision in court.
“If the case appears likely to proceed to trial, you’ll need expert medical testimony to back up your claim. A lawyer specialising in RAF claims will have access to the right medical experts, as well as the appropriate legal know-how and experience.”
Negotiating a settlement
Haslam says that the RAF may make a settlement offer at any point in the claims process.
“Assisted by medical and legal experts, the parties negotiate the best possible settlement out of court. An experienced attorney is familiar with court rulings about compensation in a broad range of road accident cases,” she says. “So the attorney can advise on whether a particular settlement offer is in your best interests.”
Securing a trial date
If no settlement offer is received, the claim is pursued in court. She says it may take a considerable amount of time to secure a trial date.
Each division of the High Court has different pre-trial procedures that must be followed before a case is considered “trial ready”.
“It can also be challenging to secure a date when key medical experts are available to testify,” she says.
In some cases, it is necessary to secure more than one trial date. “An initial court hearing may establish the liability or negligence aspect of a claim and a further hearing may then determine the amount of compensation that’s due,” she adds. “If no settlement is reached, the trial proceeds and a court decision is reached.”
Payment of compensation
It may take the RAF as long as 180 days, or even longer, to pay you the awarded compensation.
“A good attorney will insist that more interest be paid to you on the outstanding amount, starting 30 days after the date of the court order or settlement,” she concludes.
For more information visit dsclaw.co.za
