Question 1

Who is entitled to lodge a claim against the Road Accident Fund?

Accepted Answer

The following individuals are entitled to lodge a claim:

A person who sustained a bodily injury in a motor vehicle accident (except a driver who was the sole cause of the accident);
A dependant of a deceased breadwinner;
A close relative of the deceased who paid for the funeral; and
A claimant under the age of 18 years – who must be assisted by a parent, legal guardian or curator ad litem.

Please see the question below in Legal Questions > What is the procedure for claiming? for detailed information on submitting a claim.

Question 2

What is the time period in which to submit a claim against the Road Accident Fund?

Accepted Answer

Identified claims (claims where the registration number or the identity of the driver or the owner of the negligent motor vehicle is known) must be lodged with the Road Accident Fund within 3 years from the date of the accident and summons must be served on the Road Accident Fund within 5 years from the date of accident;
Hit and run claims (claims where the registration number or the identity of the driver or the owner of the negligent motor vehicle is unknown) must be lodged with the Road Accident Fund  within 2 years from the date of the accident and summons must be served on the Road Accident Fund within 5 years from the date of accident;
Prescription in claims for minors (under 18 years of age) where the negligent party is identified, will only start running on the 18th birthday of the minor.

Question 3

Does the claimant have the right to know how much was paid to the attorney by the Road Accident Fund and to verify whether the fee that the attorney took is genuinely what was due to them?

Accepted Answer

The claimant does indeed have the right to know what amounts have been paid out. The claimant can ask to be furnished with a copy of the settlement agreement which contains the details of the amounts agreed upon.

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