Motor Vehicle Accidents

Have you been involved in a motor vehicle accident which was the fault of the other party and suffered injury? You have the right to claim compensation from the Road Accident Fund.

Motor Vehicle Accidents

Road injuries resulted in 1.4 million deaths in 2013 up from 1.1 million deaths in 1990.  This is about 2.5% of all deaths.

Motor Vehicle Accidents

Have you been involved in a motor vehicle accident caused by someone else negligent driving? Did you suffer a serious injury or injuries? Irrespective of whether you were driving the car if you are the innocent party involved, or a passenger in the car or a pedestrian knocked down by a motor vehicle on South Africa’s roads, you have the right to claim compensation from the Road Accident Fund.

There are time limits for claiming against the Road Accident Fund. Your claim must be lodged within three years from the date of the accident if all details of motor vehicles involved are known or the wrong was identified. If it is a hit & run accident the claim should be lodged within two years.

We specialise in collecting evidence from the scene of an accident and help you with the preparation of the claim against the Road Accident Fund.

What compensation can you claim from the RAF?

  • Past and Future Medical Expenses,
  • Past and Future Loss of Earnings,
  • General damages for pain and suffering,
  • Loss of support when the breadwinner was killed in the accident,
  • Funeral costs.

What should you do when you are involved in a mother vehicle accident?

  • Record as much detail as possible about the circumstances of the accident.
  • Write down the contact details of the 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 us as soon as possible after the accident.
  • Inform SAPS about the accident and obtain a case number.

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Tips for dealing with the situation
Quantification of damages

If you are involved in the accident, you should try to get the following information from all parties involved and witnesses:

  • full names,
  • ID numbers,
  • addresses,
  • telephone details, and
  • vehicle registration numbers.

You should also get:

  • descriptions of the vehicles,
  • details of police and traffic officers and ambulance personnel, and
  • details of tow truck personnel.

This information will help you if you want to make a claim against your insurance or against the Road Accident Fund, or if you want to claim the costs of repairs from the other party.

At a later stage, you or your lawyers may need a copy of the accident report that is filled out by the police.

 

Tip - Call the police
  • Call the police or report the accident at the nearest police station:
    • within 24 hours if a person is killed or injured; or
    • on the first working day after the accident if no person was killed or injured.
  • Write down the name of the police officer spoken to and the accident report’s reference number.
  • Co-operate with all emergency personnel and police who respond to the accident.
  • Get the details of all other motor vehicles involved in the accident, such as the drivers’ names, identity numbers, addresses, telephone numbers, description of the motor vehicles, the registration numbers, and any relevant details from the licence discs; the date, time and address of the accident; the weather and road conditions when the accident occurred; and any other information that may be relevant.
  • If an employee is driving a motor vehicle on behalf of his/her employer, then the details of the driver and the employer must be taken.
  • Write down the names, addresses, and phone numbers of all potential witnesses of the accident.
Tip - Take photos
  • Take photographs or a video of the following:
  •       the scene of the accident, from all angles;
  •       the surrounding area;
  •       the injuries; and
  •       any damage to property.
  • Draw a sketch plan of the scene of the accident and make sure that it contains a fixed point so that it can easily be traced. Also make a statement about how the accident happened. This sketch and statement will remind a person of all the details relating to the accident at a later stage.