Understanding the Road Accident Fund

The loss of a loved one due to a road accident is an enormously painful experience and if the person who died was the family’s main breadwinner it can also result in financial difficulties for those left behind.

However, South Africa’s existing legal system takes this into account. This is according to Kirstie Haslam, partner at DSC Attorneys, who says that if someone is killed in a road accident that they weren’t solely responsible for causing, that person’s direct dependants may claim compensation from the Road Accident Fund (RAF).

“As a general rule, family members who were supported financially by the deceased can claim from the RAF,” Haslam explains. “Claimants need to be able to prove that they were financially dependent on the person who has died and that the deceased indeed owed them a duty of support.”

She adds that any income earned by the claimant is brought into account in determining whether there has been a loss of support, and the extent of that loss.

As a dependant of a family member who has died in a road accident, Haslam says that you can claim RAF compensation for loss of support and funeral expenses.

“A spouse or other close relative who was a financial dependent of the person who died can claim for loss of support from the RAF,” she says. “If you’ve lost a boyfriend or girlfriend on whom you were financially dependent, it’s likely to be harder to get your claim approved. However, the RAF does provide loss of support compensation in cases of common-law marriage.”

Haslam says that family members can claim funeral costs from the RAF and family members who already covered the deceased’s funeral costs can also claim for compensation.

“RAF payments are made to the claimant and not to the funeral parlour,” she explains. “Funeral parlours may not make RAF claims even at the request of the deceased’s family.”

Haslam says that family members can claim for the following funerary expenses: transportation of the remains, provision of the coffin or burial shroud, preparation of the deceased, including embalming, storage of the remains, issue of the death certificate, burial or cremation of the remains and grave fees, including hiring of equipment.

Haslam adds that certain limitations are imposed on loss of support claims, such as a capped amount of R160 000 per annum and that claims for funeral costs cover burial and cremation costs only

Haslam strongly recommends that if you plan to pursue a claim against the RAF, you get proper legal advice and representation from an attorney that specialises in RAF claims.

“They can assess your claim, help prepare supporting evidence and represent you in legal proceedings, giving you the best chance of receiving the compensation you deserve,” she adds. – Own Correspondent