HOW TO CLAIM
Step 1 – Gather
The first step in claiming from the RAF is to gather all the necessary documents. Without all the relevant documents your claim’s probability of success will decrease. The documents required to launch a claim with the RAF are; the police report and/or case number of the accident, all your relevant personal details as well as those of any other person involved in the accident, all medical documents supporting the claim of injuries incurred, any motivating testimony from medical and/or legal experts as well as witness testimony, any relevant information pertaining to the accident such as damages to vehicle/s and/or surrounding structures and most importantly, the official RAF forms required.
Step 2 – Complete
The claim is lodged on a prescribed statutory claim form (Form 1 is to be used in respect of claims arising prior to 01 August 2008 and RAF 1 from 01 August 2008 onwards) which provides basic information on the claimant, the vehicles and parties involved in the collision, the date and place of accident and the amounts claimed. It also contains a medical report by the treating doctor.
This claim form is accompanied by an affidavit setting out the following:
- Full particulars of the accident,
- Statements of witnesses,
- Police reports,
- Hospital and medical records,
- Vouchers and documents in support of amounts claimed.
The drivers of the vehicles involved in the collision must furnish details of the accident to the RAF on a statutory accident report form (Form 3 is to be used in respect of claims arising prior to 01 August 2008 and RAF 3 from 01 August 2008 onwards) together with information of witnesses which the RAF may request.
Ensure that all the documents are filled in correctly and make copies of all the paperwork, in the event of an administration error, having copies of the documents will hasten the process. Once the claim is processed, the legal proceedings begin and the claimants evidence is considered by the RAF.
If the claim arose after the 31 July 2008 and general damages are claimed, a Serious Injury Assessment Report (RAF 4) must be submitted to the RAF confirming that the injury sustained is serious for the purposes of the Act.
Step 3 – Submit
Once you have completed all the necessary forms and accompanying documents, you must submit the documents in hard-copy, faxed documents require the originals to be furnished and emailed documents are not accepted.
The RAF determines whether the claim is valid (i.e. was there a road accident, does it comply with statutory provisions, was it submitted in time, etc.) and what the merits of the case are (i.e. the degree of fault, blame or negligence to be ascribed to the drivers of the vehicles and the claimant respectively). The quantum is also determined (i.e. the amount of the damages or losses suffered).
If a claim is incomplete, the RAF calls for additional information and supporting documentation to enable it to better assess the matter.
If the claim arose after the 31 July 2008 and general damages are claimed, a Serious Injury Assessment Report (RAF 4) must be submitted to the RAF confirming that the injury sustained is serious for the purposes of the Act.