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All About Claims

Motor Vehicle Accident Claims

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The Road Accident Fund provides a social security net to the country and the economy by providing compulsory social insurance cover to all users of South African roads and their families.

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Who Is Entitled To Claim?
 

  • Any individual that has been involved in a motor vehicle accident and injured as a result of a negligent driver;

  • The dependant/s of a deceased, individual who died as a result of a motor vehicle accident.

 

Categories of Compensation:

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  • a - Past and future hospital and medical expenses;

  • b - Past and future loss of income, salary or income capacity;

  • c - Loss of support for dependants;

  • d - Pain, suffering and disfigurement (general damages);

  • e - Necessary funeral expenses.

Loss of Support Claims

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Just over 800 000 motor vehicle accidents occur on South African roads per year. This equates to 2 200 motor vehicle accidents per day.

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We will assist in claiming for loss of support (death/disability) compensation.

 

If a negligent act by a person/party results in the death of a breadwinner, the dependants i.e. the wife and children, who were supported financially by said bread winner, are entitled to compensation.

Let’s talk about fees

Fee Agreements

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A competent attorney will always explain a fee agreement to you to ensure that you understand it. The fee agreement will be undersigned by you and the attorney.

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It is important to clarify the fee agreement and its content with your attorney to ensure you understand the agreement completely before you sign it.

Why Are Legal Costs So High?

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This is an unfortunate reality because the costs of running an attorney’s practice (which include secretaries, other legal professionals, bookkeepers and technological equipment) are very high.

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In light of the above it is very important to understand what is and what is not acceptable. Most attorneys charge an hourly rate. These are the fees which are mostly disputed. It is difficult to get an upfront estimate because it is unclear how much time the attorney will spend working on your case from the onset.

The Road Accident Fund Annual Report

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Please click the link for the latest Road Accident Fund Annual Report.

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Non-Serious Injuries – Injuries Excluded From Claiming

  1. Any whiplash type or soft tissue injury to the neck or back;

  2. Any sprain, strain, tear, crush or damage to any muscle or soft tissue;

  3. Any sprain, strain, tear or damage to any ligament of any joint unless there is continuing instability of the joint;

  4. Any lacerations, abrasion, cut, tear, or damage to skin or soft tissue; unless it is “disfiguring”;

  5. Any sequelae in the form of depression, anxiety or post-traumatic stress disorder.

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Serious Injuries – Claimable Injuries

  1. Serious long-term impairment or loss of bodily function;

  2. Permanent serious disfigurement;

  3. Severe long-term mental or behavioral disturbance disorder;

  4. Loss of foetus.

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