Does the Road Accident Fund cover funeral expenses?

Does the Road Accident Fund cover funeral expenses?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | January 25, 2022

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

Yes. RAF funeral claims can be made for a driver, a passenger or a pedestrian killed in a road accident, provided the person isn’t considered solely responsible for the accident.

You can claim the following funeral-related expenses from the RAF:
• transportation of the body;
• coffin or burial shroud;
• storage, preparation and embalming of the body;
• issuing of the death certificate;
• burial or cremation costs.

However, you can’t claim the following funeral-related expenses such:
• the costs of flower arrangements;
• printed funeral programs;
• transport for family and attendees;
• a headstone;
• catering and venue hire.

For a successful RAF funeral claim you will need to submit the following documentation:
• a copy of the deceased’s ID document, birth certificate or passport;
• a copy of the claimant’s ID document;
• affidavit attesting to the claimant’s relationship to the deceased and how the deceased died;
• medical records if the deceased died in a hospital;
• the death certificate;
• post mortem report;
• a copy of the accident report reflecting the victim’s name;
• vouchers/proof of expenses in respect of the funeral expenses paid by the claimant.

The above is intended for information purposes only and is not intended, and should not be regarded, as legal advice. Should you require legal advice, kindly contact our offices and schedule a consultation with one of our attorneys.

Meise Nkaiseng Attorneys assists and represents a broad spectrum of claimants with their claims against the Road Accident Fund throughout South Africa, and were awarded the PMR Africa Diamond Arrow Award for “best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

What information should I gather at the scene of the accident to assist my claim against the Road Accident Fund?

What information should I gather at the scene of the accident to assist my claim against the Road Accident Fund?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | January 18, 2022

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

A claimant will be required to prove that the accident occurred and that he/she suffered damages due to the accident.

A claimant should therefore take the following steps at the scene of the accident:

• record the location (street name and area) where the accident happened;
• take photographs showing the damage to all vehicles involved in the accident;
• take photographs showing the position of all vehicles involved in the accident;
• record details of the other driver and vehicle involved in the accident, i.e. name, surname, contact number, description and registration number of the vehicle;
• record contact details of any witnesses to the accident;
• if police attend the scene of the accident, record their contact details and the Accident Report number.

The above is intended for information purposes only and is not intended, and should not be regarded, as legal advice. Should you require legal advice, kindly contact our offices and schedule a consultation with one of our attorneys.

Meise Nkaiseng Attorneys assists and represents a broad spectrum of claimants with their claims against the Road Accident Fund throughout South Africa, and were awarded the PMR Africa Diamond Arrow Award for “best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

Will I be able to claim for damages from the Road Accident Fund if I am not a South-African citizen?

Will I be able to claim for damages from the Road Accident Fund if I am not a South-African citizen?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | December 21, 2021

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

Yes. Both South African citizens and non-South African citizens (foreigners) who are injured in motor vehicle collisions that are caused by the negligent driving of another person will have claims against the Road Accident Fund.

In the case of foreigners, proof of identification will, however, be required. Examples include: Passport, Asylum Certificate; Work Permit, etc.

The above is intended for information purposes only and is not intended, and should not be regarded, as legal advice. Should you require legal advice, kindly contact our offices and schedule a consultation with one of our attorneys.

Meise Nkaiseng Attorneys assists and represents a broad spectrum of claimants with their claims against the Road Accident Fund throughout South Africa, and were awarded the PMR Africa Diamond Arrow Award for “best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

Must I have a valid driver’s license to qualify for a claim against the Road Accident Fund?

Must I have a valid driver’s license to qualify for a claim against the Road Accident Fund?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | December 15, 2021

Blog By

Ankie Snyman
Associate Attorney
Specialist in Road Accident Fund Claims

No. A driver who drives a motor vehicle without having a valid driver’s license, and who is involved in an accident, is not automatically negligent. The issue of negligence will be determined by the circumstances of the accident, and if an unlicenced driver is injured in an accident that is caused by the negligence of another driver, the unlicenced driver will have a claim against the Road Accident Fund.

The above is intended for information purposes only and is not intended, and should not be regarded, as legal advice. Should you require legal advice, kindly contact our offices and schedule a consultation with one of our attorneys.

Meise Nkaiseng Attorneys assists and represents a broad spectrum of claimants with their claims against the Road Accident Fund throughout South Africa, and were awarded the PMR Africa Diamond Arrow Award for “best law firm” (Business Sector) in the Sedibeng Region for three years in a row (2018, 2019 and 2020).

Can my claim be settled with the road accident fund before going on trial?

Can my claim be settled with the road accident fund before going on trial?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | December 3, 2021

Blog By
Marc Samons
Attorney at MNI Attorneys
Specialist in Road Accident Fund Claims

YES! – However, a claim can only be settled or go on trial after all required documents are obtained and provided to the Road Accident Fund (“RAF”). These documents include : proof of the accident, proof of medical treatment, proof of damages and the various specialist doctor’s reports.

A settlement offer can be proposed either by the RAF or by your attorney, and either party can respond to the settlement offer by making a counter proposal by the other party.

Your attorney is legally required to inform you of any settlement offer be made by the RAF, and to discuss that offer with you before accepting or rejecting that offer.

The above is intended for information purposes only and is not intended, and should not be regarded, as legal advice. Should you require legal advice, kindly contact us to schedule a consultation with one of our panel attorneys.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for four years in a row (2018 – 2021).

Will I Need To Attend Appointments With Specialist Doctors?

Will I Need To Attend Appointments With Specialist Doctors?

BY MEISE NKAISENG ATTORNEYS – VANDERBIJLPARK AND THREE RIVERS, GAUTENG | November 18, 2021

Blog By
Marc Samons
Attorney at MNI Attorneys
Specialist in Road Accident Fund Claims

It is an established legal principle that: “he who alleges damages must prove those damages”. Therefore, to prove bodily (including brain) injuries, and the financial implications of those injuries, against the Road Accident Fund, a Claimant must attend appointments with various specialist doctors. A list of commonly used specialist doctors are: an Orthopedic Surgeon; Occupational Therapist; Industrial Psychologist and a Neurologist (in the case of a suspected brain injury).

Each specialist doctor will perform a thorough examination of the Claimant, and will prepare a report that will be presented as evidence to prove the nature and extent of injuries, and the financial implications of those injuries, against the Road Accident Fund.

The Road Accident Fund may also require a Claimant to attend appointments with its own appointed specialist doctors.

A claim can only go on trial after the various specialist doctors’ reports are completed and the Road Accident Fund has had an opportunity to assess the reports.

The above is intended for information purposes only and is not intended, and should not be regarded, as legal advice. Should you require legal advice, kindly contact our offices and schedule a consultation with one of our attorneys.

Meise Nkaiseng Attorneys was awarded the PMR Africa Diamond Arrow Award for ”best law firm” (Business Sector) in the Sedibeng Region for four years in a row (2018 – 2021).