When accidents occur on the road, the aftermath can be overwhelming, especially when it comes to dealing with injuries. The Road Accident Fund (RAF) exists to provide compensation for those who have suffered bodily injuries due to a motor vehicle accident. However, knowing when and how to claim from the RAF can help protect your rights and secure compensation.
When can you claim from the RAF?
You can lodge a claim with the RAF if you have sustained bodily injuries in a road accident, provided you were not the driver solely responsible for the accident. Dependents of a deceased breadwinner who died in an accident can also claim for loss of support.
Additionally, if you are a close relative who covered funeral expenses for the deceased, you may be eligible to claim. Essentially, the RAF provides a safety net for individuals directly or indirectly affected by road accidents.
The RAF covers a range of individuals involved in road accidents. This includes drivers, passengers, pedestrians, cyclists and motorcyclists, as long as they were not the sole cause of the accident. However, the key aspect is fault; if you, as the claimant, were solely responsible for the accident, you will not be able to claim from the RAF.
Timing is critical
Time is of the essence when claiming from the RAF. If you know who is responsible for the accident, you have three years from the date of the accident to submit your claim. However, in cases involving a hit and run, where the responsible driver cannot be identified, the claim must be submitted within two years of the accident. Missing these deadlines can result in your claim prescribing and being rejected, so it’s essential to act swiftly and seek legal advice early on.
After an accident, the seriousness of your injuries must be medically assessed before any compensation can be awarded. A qualified medical specialist will evaluate your condition once your injuries have stabilised. This evaluation is based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment, which determines your “Whole Person Impairment” (WPI). The RAF sets a threshold of 30% WPI for a claimant to qualify for general damages. Serious injuries like paraplegia, permanent brain damage or amputation typically meet this threshold.
If your injury does not meet the 30% WPI threshold, a narrative test will be used to assess whether you may still qualify for compensation. Injuries that result in permanent or severe disfigurement, long-term impairment or loss of a bodily function can also be classified as serious.
Injuries that may not qualify
Not all injuries qualify as serious for the purpose of claiming general damages. Minor injuries, such as torn ligaments, superficial wounds, whiplash, sprains and the loss of fingers or toes, are not usually considered severe enough to meet the RAF’s criteria for compensation.
A final word
Claiming from the RAF can provide crucial financial relief if you have been injured in a road accident. However, understanding the legal and medical requirements is essential to ensure your claim is valid. By consulting with a medical specialist and legal professional early on, you can navigate the process more effectively and protect your rights to compensation.
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