Being involved in a motor vehicle accident can be very traumatic, especially when you are a passenger in the motor vehicle and had no control over what happened.

South African law makes provisions to not only protect passengers involved in a motor vehicle accident but, also enables them to claim for compensation following the motor vehicle accident.

Protection under the Road Accident Fund Act 56 of 1996

Injured passengers are primarily protected by the Road Accident Fund (RAF) established under the Road Accident Fund Act 56 of 1996.

The Road Accident Fund is a statutory body established to compensate persons who have suffered injury or death as a result of the negligent driving of a motor vehicle within the Republic of South Africa.

Passengers are regarded as third parties and are generally in a strong legal position, as they are seldom responsible for causing the accident and are therefore usually free from contributory negligence.

Who may claim as a passenger?

A passenger may claim compensation if:

1. The accident occurred within South Africa;
2. A motor vehicle was involved;
3. The accident was caused wholly or partly by negligent driving; and
4. The passenger sustained bodily injuries or loss as a result of the accident
   Section 17 of the Road Accident Fund Act obligates the Fund to compensate victims for damages arising from negligent driving.

What compensation may a passenger claim?

An injured passenger may claim compensation for the following:

1. Medical and hospital expenses (past and future);
2. Loss of earnings or earning capacity;
3. Loss of support (in fatal accident claims); and
4. General damages for pain, suffering, disability and/or disfigurement (in serious injury cases).

The Road Accident Fund system effectively replaces most common-law claims against negligent drivers, therefore meaning compensation is claimed from the Fund rather than the driver personally.

What should a passenger do after a motor vehicle accident?

The Passenger should:

1. Seek medical attention immediately;
2. Ensure the accident is reported to SAPS;
3. Obtain driver and vehicle details if possible;
4. Keep all medical records and expenses; and
5. Consult an attorney experienced in RAF claims.

Conclusion

Remember that early legal advice assists in properly gathering evidence, complying with the Road Accident Fund procedures and protecting your claim. If you were injured as a passenger, you may be entitled to compensation and obtaining professional legal assistance ensures your rights are protected and that your claim is properly quantified and lodged within the required time limits.