The damages that are compensated, are those in respect of bodily injuries (including medical expenses, loss of earnings, and pain and suffering). A Third Party claim of this nature made against the RAF, does not recover damages to your motor vehicle - these must be claimed directly from the driver/s who caused the accident.
Dependants of persons killed, where the accident was not soley due to the fault of the deceased, can also lodge claims.
Future medical expenses are estimated by the relevant medical experts. We obtain comprehensive Medico-legal reports after the claimant has been thoroughly examined.
Past loss of earnings are assessed by requesting of employers to give a certificate as to what amounts were not paid as a result of the claimant being absent from work, not being able to work overtime, lost commision etc.
Future loss of earnings may be suffered as a result of
General damages are a lump sum award for pain and suffering, loss of the pleasures of life, scarring, disability, disfigurement, impairment etc, and are based on the past awards made by the High Courts. The individual circumstances of the claimant and the injury will affect the amount awarded eg a concert pianist who loses a finger, will get more than a vagrant, who little uses his fingers.
Claims are to be lodged with the RAF within 3 years of the date of accident if the identity of the person who caused the accident is known, alternatively within 2 years if the identity of the person or vehicle who cuased the collision, is unknown.
All documentation which will prove both the claim itself as well as the amounts claimed, must be lodged with the RAF. These include medical and police reports, affidavits by claimant and witnesses, employment certificates, medical accounts etc.
Once the claim has been lodged, the RAF has 120 days within which to investigate the claim.
The RAF can then either:
If the claim is repudiated or is not settled within this time period, the claimant may then enforce the claim by issuing Summons against the RAF - until one of these events happens, this step may not be proceeded with until the expiry of the 120 days.
Should summons be issued, the matter then proceeds according to the Rules and time limits prescribed by Law. In this case, the matter may take longer than a ‘settled' claim and may take on average, 2 to 3 years before finalisation.
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What will it cost and How do I pay
Generally we are prepared to take our fees on finalisation of the matter, and only then if we are successful!
Depending on the merits of each claim, we may require the claimant to pay for certain disbursements, such as the cost of medical and police reports, hospital records etc. Do not let this put you off from claiming! We will discuss these matters with you at length and arrive at a suitable arrangement. We have an arrangement with a leading financial institution, who are prepared to lend money to finance claims. There are also institutions who now offer insurance to sponsor the costs of litigation!
On finalisation, the RAF are obliged to pay a contribution towards your costs. These costs are termed ‘party and party' costs and will not usually fully cover the ‘attorney and own client' costs which are actually charged by your attorney. See the "Medico Legal Dictionary" section for a detailed explanation of the various costs
What about future medical expenses?
Part of your claim, will be for future medical expenses which are accident related, and for which the relevant medical experts envisage that you will incur over the rest of you life.
If you are a passenger, and your driver was soley to blame for the accident, then your claim will be limited to the maximum sum of R25 000, of which future medical treatment forms part. All other patients will essentially have unlimited claims, if the accident was not due to their fault.
If warranted, we will arrange for you to be examined and evaluated by qualified medical and related experts who specialise in preparing comprehensive medico-legal reports. Based on their experience and using past medical statistics accumulated from all over the world, these reports will give recommendations as to the nature, extent and costs of probable future medical treatment. The RAF is also entitled to obtain second opinions if they so wish.
The RAF may then either make a cash lump sum offer in lieu of these future medicals, or may offer an "Undertaking" to pay for these expenses as and when they are incurred. The Undertaking (or "Certificate" as it is commonly referred to) will cover the reasonable cost of all envisaged future treatment, nomatter what the cost! It is not limited to any amount, nor can you be forced to use a government hospital - YES, it covers the reasonable cost of all treatment, even at a private hospital, for private surgeons and doctors, medicine etc.
The Undertaking also will cover the cost of "para-medical expenses", such as the extra cost of having your car converted from manual to automatic, the cost of having to employ an assistant or domestic servant (if supported by the medical evidence), costs of having the home converted (eg for paraplegic clients).
The choice of either awarding a lump sum cash award, alternatively an Undertaking, lies soley at the discretion of the RAF - if an Undertaking is offered by the RAF, then even a Court cannot overrule their decision, as in effect by so offering, the RAF have promised to pay for all your future medical costs - you cannot get better! Often, the RAF offer you a discounted (reduced)cash lump sum, or as an alternative, an Undertaking.
Undertakings are for the rest of you life, and cannot be limited in time or monetary amount - in effect, it is a free Medical Aid for the rest of you life!