RAF and Medical Negligence
Venns Attorneys provides dedicated legal assistance to individuals and families who have suffered injury, loss or trauma as a result of negligence. Our experienced team specialises in Road Accident Fund (RAF) claims and medical negligence matters, offering professional guidance and support at every stage of the legal process.
- We understand that these matters often arise during difficult and stressful times. For this reason, we take a client-focused approach, guiding our clients with care, clarity and professionalism at every stage of their claim.
- Each matter is handled with accuracy and urgency, and our team works closely with medical and other expert professionals to ensure a thorough investigation and to pursue the compensation our clients are legally entitled to.
- Whether your claim arises from a motor vehicle accident, medical malpractice, or another form of personal injury, we are committed to protecting your rights and guiding you through the process with clarity and confidence.
Frequently Asked Questions About the Road Accident Fund
Who can claim from the Road Accident Fund?
Any person who was seriously injured in a motor vehicle accident may claim from the RAF, and such persons include:
- A passenger, pedestrian, cyclist or driver (provided that he or she was not the cause of the accident).
- The driver of a motor vehicle that was involved in an accident due to a mechanical failure that ought to have been attended to by the owner of the vehicle.
- A spouse, child or parent who was the dependant of the person who died as a result of a motor vehicle accident.
- A person who paid for the funeral expenses of a person who died as a result of a motor vehicle accident.
- Importantly, a minor must be assisted by a parent or guardian.
What can you claim from the Road Accident Fund?
In a situation where the person involved in a motor vehicle accident is seriously injured, he or she can claim the following:
- Past and future hospital and medical expenses.
- Past and future loss of earnings.
- General damages for pain and suffering, disability, disfigurement and loss of enjoyment of amenities of life due to serious injury.
In a situation where the person involved in a motor vehicle accident is deceased, the surviving family members can claim:
- Past hospital and medical expenses incurred as a result of the treatment of the deceased for the injuries sustained in the motor vehicle accident (only if the deceased succumbed to the injuries after being admitted and treated at the hospital).
- Past and future loss of support.
- Reasonable funeral expenses.
When to lodge the claim?
- If the driver of the vehicle that caused the accident is known, the person seeking to claim against the Road Accident Fund has 3 (three) years from the date of the accident within which to lodge the claim.
- If the driver of the vehicle that caused the accident is not known (“hit-and-run”), the person seeking to claim against the Road Accident Fund has 2 (two) years from the date of the accident within which to lodge the claim.
- It is worth noting that there are exceptions to the time limit upon when you can lodge the claim. This pertains only to minors under the age of 18, and brain or mentally damaged claimants.
- However, we strongly advise that you see us as soon as possible so that your claim may be lodged timeously.
What documentation is required to lodge a claim?
You will need the following to lodge a claim:
- A certified copy of your identity document.
- The name of the police station at which the accident was reported.
- A copy of the accident report.
- A copy of the case docket.
- Receipts, accounts and vouchers of all the medical expenses in relation to the injuries sustained in the motor vehicle accident.
- Proof of income or proof of loss of income (eg: payslips).
- Medical records that relate to the injuries and treatment of the injuries sustained in the motor vehicle accident.
- Witness statements (if any).
In the situation of a deceased, you will also need the following in addition to the above:
- The death notice.
- The death certificate.
- The postmortem results.
- Funeral expenses vouchers, receipts and/or invoices.
- Maternal and paternal affidavits.
Demonstrated Case Success
Success Stories for Road Accident Victims at Venns Attorneys
At Venns Attorneys, one of our commitments is to fight for our clients’ rights. We are dedicated to ensuring our clients receive the compensation they deserve for all injuries they have sustained. Our firm is known for transparency and achieving the best possible outcomes that we can. Below are a few of the success stories from some of the claims we have handled and settled.
Complex Long-Standing Claim Settled
In 2020, the father of a claimant approached our firm for assistance with his son’s accident claim from 1999. The client had previously instructed attorneys in Johannesburg and later submitted the claim directly to the RAF, but years passed with delays and no resolution. Our team took over the matter, successfully transferring the court file to the Pietermaritzburg High Court, where the claimant resides. We secured the appointment of both a Curator Ad Litem and a Curator Bonis due to the claimant’s incapacity, and guided the claim to settlement. The matter was settled for R4 million in less than three years.
Prompt Action Ensures Claim Success
At our uMzimkhulu Road Show in 2024, we met a client whose claim was due to prescribe within four working days. The client did not have any documentation except the AR number. Our team was able to quickly obtain hospital records, the accident report and secure expert assessment reports. Just a few days later, on the last day of prescription, we successfully lodged her claim with the Road Accident Fund in Durban. General damages were settled within 12 months.
Expert Intervention for a Stalled Direct Claim
The claimant was involved in a motor vehicle accident in 2017, and his family initially approached the RAF to lodge the claim directly. The claim was lodged in 2018, but four years passed with no progress or settlement. Due to the claimant’s injuries, a Curator Ad Litem was required. In 2022, the family approached Venns to take over the case. Upon reviewing the file, we discovered there were no expert reports and no Curator Ad Litem appointed. Within the same month, we appointed medical experts and obtained a court order to appoint a Curator Ad Litem. The claim was successfully settled two years after we took over.
Strategic Resolution After Years of Delay
The claimant was involved in a motor vehicle accident in 2013. The family initially lodged the claim directly with the RAF in 2016, but after four years with no progress, they approached Venns in 2020 to pursue the claim on their behalf. We obtained the RAF file through an urgent PAIA application and ascertained that the claimant was a quadriplegia as a result of the accident, with his claim requiring expert assessments, appointment of a Curator Ad Litem and Curator Bonis, and a S17(4) undertaking for rehabilitation support and caregiver nomination. Our team appointed experts, prepared combined summons, resolved merit issues, and ensured caregiver arrangements. The complex claim was successfully settled.
Disputed Claim Resolved Through HPCSA Determination
In 2022, we were instructed by a client who sustained a knee injury. The RAF had rejected the claim, stating the injuries did not qualify as serious under the narrative test. Our firm declared a dispute with the HPCSA, which confirmed the injuries met the criteria. Using this HPCSA resolution, we approached the RAF and secured settlement of all heads of damages. This outcome was achieved through our team’s extensive knowledge and experience.
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Dedicated Legal Professionals
Venns Personal Injury Claims Department
Our team is dedicated to achieving fair and timely compensation for motor vehicle accident and medical negligence victims, providing expert guidance and unwavering support throughout the claims process.