If you’ve been injured in a car accident, or lost someone you love on the road, you might have a claim against the Road Accident Fund (RAF). But before any compensation is paid out, your claim first needs to pass what’s called the “merits stage.”
This stage is all about proving who caused the accident or more specifically, showing that another driver (the “insured driver”) was at least partly to blame. Only once that’s established can you move on to the next stage, which determines how much you can claim.
The Two Parts of Every RAF Claim:
Every RAF claim is made up of two key components:
- Merits – This looks at how the accident happened and who was responsible.
- Quantum – This calculates the value of your damages claim, such as loss of income, medical expenses and pain and suffering.
You can only move to the quantum stage once you’ve been successful on merits. In other words, if you can’t prove someone else was negligent, even slightly, then there’s no claim to calculate.
If You Were the Driver:
Drivers claiming from the RAF must prove that another driver was negligent and caused or contributed to the accident.
If the claimant driver was also partly at fault, the RAF will reduce the payout in proportion to their share of responsibility. For example:
- If you were found to be 30% at fault, your compensation will be reduced by 30%, and you’ll receive 70% of the value of your claim.
- If you were 100% to blame, your claim will unfortunately not be able to claim.
If You Were a Passenger:
Passengers are generally regarded as innocent parties under South African law. This means that the bar for proving negligence is significantly lower.
You could claim from the RAF if any driver involved, including the one transporting you, was at least 1% negligent. In most cases, passengers are fully compensated.
If You Were a Pedestrian:
Pedestrian claims can be more complex, as fault can lie with either the driver or the pedestrian or both.
The RAF or court will assess the actions of both parties by asking questions such as:
- Were you using a pedestrian crossing or crossing unsafely?
- Was the driver speeding, distracted, or driving recklessly?
- Were visibility conditions and road signage adequate?
Even if a pedestrian is partly at fault, they can still succeed in their claim. However, their compensation will be reduced in line with their degree of responsibility.
If You Were a Cyclist:
Cyclists are treated similarly to pedestrians. While they are also considered vulnerable road users, they are still required to follow traffic rules.
You can claim compensation even if you were partially at fault. The payout will depend on various factors, such as:
- Whether you were wearing reflective gear.
- Whether your bicycle had the necessary lighting at night.
- Whether you followed applicable road rules.
If the driver was speeding, reckless, or failed to keep a proper lookout, that will count in your favour. However, failing to follow road safety regulations may lead to a reduction in your claim.
Loss of Support (Death Claims):
When someone dies in a road accident, their dependants such as a spouse or children may claim compensation for loss of financial support.
In these cases, the dependants must show that the insured driver was at least 1% negligent. Importantly, the deceased person’s own negligence does not reduce the claim for their dependants. This legal principle ensures that families who relied on the deceased’s income are protected, even if the deceased was mostly or even entirely responsible for the accident.
In Summary:
The merits stage determines who was responsible for the accident and this directly affects whether, and how much, compensation the claimant may receive.
- Drivers must prove negligence on the part of another driver and may have their compensation reduced if they were partly to blame.
- Passengers and dependants are generally entitled to full compensation, provided there is at least 1% negligence by any driver involved.
- Pedestrians and cyclists may also claim successfully, but their compensation can be reduced if they are found partly responsible for the accident.
Even proving just 1% negligence on the part of the insured driver can mean the difference between a successful and unsuccessful claim.
Follow this page for future posts explaining how to prove negligence and strengthen your RAF claim.