Road Accident Fund / Third party claims

What is a third party claim? Who is entitled to claim? Merits Quantum

What is a third party claim?

A third party claim is a claim for compensation resulting from personal injury to or the death of a person, eg. the death of a breadwinner, in a motor vehicle accident. Such a claim will lie against the RAF, a statutory body. A third party claim only relates to bodily injuries, and accordingly no claim for damage to a motor vehicle or other assets can be claimed from the RAF.
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Who is entitled to claim?

The following persons will be entitled to claim:

• a person who was personally injured (except a driver whose negligence was the sole cause of the accident) including a claimant under the age of 18 years, provided he is assisted by a parent or legal guardian;
• a dependant of a deceased victim;
• a representative of the estate of a deceased or a close relation in respect of funeral expenses.

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Merits

It is important to establish how an accident occurred and who negligently contributed to the cause of the collision. A passenger only needs to prove 1% negligence on the part of a driver to succeed with an unlimited claim against the RAF.

In claims by drivers and pedestrians, an apportionment can be applied against the claim for his/her own contributory negligence. The quantum of his/her claim will be reduced by the percentage of his/her own negligence.

An assessment of the merits requires investigation and collection of evidence which is done by our professional team. If appropriate, an accident reconstruction expert will be appointed to assist.
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Quantum

The quantum of damages refers to the total amount of money that the claimant will receive.

The Road Accident Fund Amendment Act came into operation on 1 August 2008 and all claims arising from motor vehicle accidents after this date, will be dealt with under the new Act. The Road Accident Fund Amendment Act places certian limitations on the quantum of damages which can be claimed from the Road Accident Fund.
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