About the Road Accident Fund
A percentage of all petrol and diesel purchased in South Africa is used to finance the state-supported Road Accident Fund. The Fund, which is a de facto insurer, compensates those who are seriously injured in road accidents that they weren’t solely responsible for causing.
For detailed information about Road Accident Fund claims, see our comprehensive resources on the Road Accident Fund.
Who can claim from the Road Accident Fund
Anyone seriously injured in an accident on South Africa’s roads – including drivers, passengers, motorcyclists, cyclists and pedestrians – can claim compensation from the Road Accident Fund.
What you can claim from the Road Accident Fund
Victims of road accidents can claim for medical expenses, loss of earnings and, in cases involving serious injury, general damages for pain and suffering. If a breadwinner in your family is killed in a road accident, you can claim for loss of support and funeral costs.
The Road Accident Fund does not cover damage to a vehicle or other material damages or losses. These must be claimed directly from the driver who caused the accident or from the driver’s insurance carrier.
Motor vehicle accidents after 1 August 2008
The legislation governing claims was amended with effect from 1 August 2008. This resulted in significant changes to Road Accident Fund compensation, including the types of damages that can be claimed and upper limits on claim amounts.
If you may have a claim, contact our expert attorneys for up-to-date information about the validity of the claim and any limitations that apply.
Time limits for Road Accident Fund claims
A claim against the Road Accident Fund must be lodged within three years from the date of accident – or within two years if the identity of the driver or owner of the vehicle who caused the accident is unknown (as in the case of a “hit and run” accident).
What to do if you’re involved in a motor vehicle accident
If you’re involved in a road accident, you can protect yourself by taking the following steps:
- record as much detail as possible about the circumstances of the accident
- write down the contact details of driver(s) involved in the accident and the registration details of the vehicle(s)
- record the full names and contact details of any witnesses
- consult your doctor or local hospital for a thorough medical examination
- contact a personal injury attorney as soon as possible.
The earlier you involve your attorney, the better. The attorney can then obtain necessary witness statements, photographs of the scene of the accident and of the damaged vehicle(s) and other evidence to support your claim. Contact us to see if you have a claim.
