Accidents happen every day, and that one moment can change your life forever. Every day there are thousands of car accidents on South African roads, but too few people are aware of the essential steps they must take afterwards. These steps are important because often a car accident leaves the people involved severely injured and possibly even affects their ability to work and changes the rest of their lives.
If you are injured in a car accident in any way (driver, passenger, pedestrian), you may have a claim for compensation against the Road Accident Fund (RAF). This compensation can take various forms: paying for the medical expenses you had to pay, paying for future medical expenses that might come up in the future, compensation for loss of past and future income, and general damages.
Submitting a valid claim can be difficult and there are some vital steps that each person must take after their accident to ensure that they do not compromise the validity of their claim. It is extremely important to seek medical care within 24 hours, preferably the same day. This ensures that there can be no doubt that any injuries sustained were caused by the car accident and allows attorneys to later obtain the medical records and the completion of a medical RAF 1 form by the doctor that was visited. Medical treatment can be received from any doctor (your local house doctor, medical centres, or hospitals).
It is also very important to report the accident at the nearest police station within 24 hours, and either get a copy of the Accident Report (AR) or take photographs thereof. If for any reason the police refuse to let you have any copy or photograph of the AR, at least make sure to get the AR number so that your attorneys can obtain a copy thereof at a later stage. If you cannot report the accident within 24 hours due to being hospitalised, report it as soon as you are discharged to avoid the RAF from contesting the AR validity or the SAPS from refusing to allow you to report your accident. You should also take as many photographs as possible of your injuries and the damage sustained by your car and any other car that may have been involved. It is also important to take a photograph of the other person’s number plate and their ID/Driving license to ensure that your claim does not fall under “unidentified” which reduces the time available to submit it.
Lastly, it is very important to seek out legal representation to assist you through the whole process of claiming against the RAF. Despite encouragement from the RAF for people to handle their own claims directly, it is not advisable for you to attempt this on your own behalf. It is a much more complicated process than they would have you believe, and your chances of success are much higher when you have an attorney handling the claim on your behalf. You are also much more likely to receive the compensation amount you deserve with an experienced attorney and their experts who can determine how much damages you have suffered. Submitting a claim and inevitably suing the RAF for compensation is also a lot of work and stress, which the attorney can take on instead of you.
If you find yourself in this situation, we can help you get the compensation you deserve and navigate this complex process on your behalf. Contact us today for more information or to book a free RAF claim consultation.
Article written by Partner Mauritz van der Merwe
Comentarios