Claim for Special damages
The third party or his/her representative must complete the RAF1 form by providing the following details: the identity of the injured; date and place of accident; identify the insured motor vehicles(if applicable) ; amount claimed as compensation; and any other relevant information required in the prescribed claim form. However, the statutory medical report must be completed by a medical practitioner (registered in terms of the Health Professions Act (Act No. 56 of 1974) who first treated the patient or deceased; the hospital superintendent or his/her representative; or any other medical practitioner who examined the patient or deceased and has fully satisfied himself/herself with the nature and treatment of the bodily injuries which the claim is made. Therefore, the accounts, vouchers, and invoices, must accompany the RAF 1 form and if the deceased died at the scene of the accident, no medical report is required. Where the claim is for loss of support or funeral expenses, documentary proof of the death and funeral expenses must be attached to the RAF 1 form.
Claim for General damages
A third party who believes that he/she has suffered serious bodily injuries caused by or arising out of the driving of a motor vehicle, must get a medical practitioner (registered in terms of the Health Professions Act (Act No.56 of 1974), who first treated the patient or deceased; the hospital superintendent or his/her representative; or any other medical practitioner who examined the patient or deceased and has fully satisfied himself/herself with the nature and treatment of the bodily injuries, which the claim is made, to assess the injury (in terms of the American Medical Association's Guides to the Evaluation of Permanent Impairment, Sixth Edition) and complete the RAF 4 form. In order to claim for general damages: The bodily injuries must not be listed as a non-serious injuries; The percentage of the Whole Person Impairment must be 30 % or above; in the event that the Whole Person Impairment is less than 30 %, the narrative test applies. According to the narrative test, the third party injuiries must have resulted in either one of the following consequences: loss of a foetus; severe long-term mental or severe long-term behavioural disturbance or disorder; permanent serious disfigurement; serious long-term impairment or loss of body function. The submissions, medical reports and opinions must be annexed to the RAF 4 form.
The prescribed method and time limits
The RAF 1 and RAF 4 claim forms must be delivered by hand or sent via pre-paid registered post to any of the Road Accident Fund Offices within 3 years (in terms of identified claims) or 2 years (Hit and run), from date of accident and in the event of death, a claim for loss of support must be lodged within 3 years or 2 years from date of death of breadwinner. Where the driver of the insured driver is identified, prescription does not run up until the minor reaches the age of majority, or a curator ad litem is appointed for a person under curatorship, insane person or a person detained as a patient in terms of the Mental Health Care Act 17 of 2003. Where the insured driver or his/her vehicle cannot, be established, Prescription starts running within two years from date of accident, irrespective whether a third party is a minor, insane; or a person under curatorship , or detained as a patient under the Mental Health Care Act. According to the civil method, the first day is included and the last day is excluded.
Personal Injury Study Material 2017.