In South Africa, the Road Accident Fund (RAF) provides compensation to dependants who have lost financial support due to the death of a breadwinner in a road accident. Below is an overview of key aspects of Loss of Support claims.
What Can Be Claimed from the RAF?
- Past Loss of Support: Covers the financial loss experienced by the dependant from the date of the accident up to the date the claim is calculated.
- Future Loss of Support: Covers the projected financial loss from the calculation date until the point where the deceased’s legal duty to support would have naturally ended.
- Funeral Expenses: The RAF also pays for funeral expenses, including burial or cremation costs.
Legal Requirements
To successfully claim loss of support, the following must be proven:
- Negligence: The death must have been caused by the negligent driving of another party. Even 1% fault on the part of the negligent driver is enough to claim.
- Duty and Dependency: The deceased must have had a legal duty to support the dependant and the dependant must have been financially dependent at the time of death.
Required Documents
You will need to provide the following documents:
- Certified ID copies of the deceased and the dependant
- Death certificate
- Post-mortem report (if applicable)
- Proof of relationship (marriage or birth certificates etc.)
- Financial records (bank statements, salary slips, etc.)
- Medical reports (if the deceased passed away some time after the accident)
Time Limits for Submitting Claims
- Known Driver: Claims must be submitted within three years of the accident or the date of death.
- Unknown Driver (hit-and-run): Claims must be submitted within two years of the accident or date of death.
- Minors: If the dependant is a minor, the three-year period begins when they turn 18.
Who Qualifies as a Dependant?
Eligible dependants may include:
- Spouses: Legally married or in a recognized customary marriage.
- Children: Biological, adopted, or stepchildren.
- Life Partners: In certain cases, if mutual support obligations can be shown.
- Fiancés: If a reciprocal duty to support can be proven.
Legal Challenges
- Customary Marriages: If the marriage was not registered, proving it can be difficult. Affidavits from both families are often required.
- Sibling Claims: Siblings are not automatically eligible unless they were financially dependent on the deceased.
Collateral Benefits
Some financial benefits received after the death (like pension pay-outs or life insurance) may affect the RAF compensation. Some are deducted from the RAF claim; others are not.
Compensation Limits
As of 31 January 2025, the RAF caps loss of support claims at R368,035.00 per annum. This cap is reviewed periodically.
Actuarial Reports and Contingency Deductions
The RAF uses actuarial calculations to assess claims. These take into account income, life expectancy, and the age of the dependant. Contingency deductions are applied to allow for future uncertainties (such as remarriage or the dependant becoming self-sufficient).
Why You Should Consult a Legal Professional?
RAF claims are complex, especially those involving Loss of Support. An experienced personal injury attorney can:
- Ensure all documents are correctly submitted.
- Represent your interests during negotiations.
- Maximise the compensation you are entitled to.
Contact us today for assistance with your RAF claim.