• Car Accident Lawyer

    No win no fee

    A client and his personal injury attorney can agree on a contingency fee for services rendered by the attorney. This basically entails a no-win, no-fee situation.

    Learn More

  • Personal Injury Claim

    DIY road accident claims

    Bear in mind that when you process your own road accident claim from the RAF, they would appoint your medical examiner and other experts they know which could severely compromise your claim.

    Learn More

Scholtz Attorneys
Road Accident Fund Claims - Pretoria

How to claim from the Road Accident Fund (RAF)

Motor Vehicle Accidents - avoid the many pitfalls in Accident Claims
  • Road Accident Fund (RAF)

    When a person sustains an injury on a South African road, the injured person has to lodge a road accident claim against the RAF (Previously known as Third Party Insurance Claims). Some law firms have specialist road accident attorneys. The claimant has to prove that he has suffered physical injury or a loss due to the physical injury or death of a breadwinner because of the negligent driving of another.

    The negligent person is indemnified against claims for this type of damage. The injured person cannot claim from the RAF for the damage, for example, done to his vehicle (the person who caused the accident is liable for this), but only for medical expenses, loss of income or maintenance, pain and suffering or emotional shock.

    In Conclusion

    A person claiming damages for personal injury as a result of the acts of another has to prove that the personal injury happened as well as the quantum of the damages that was suffered. An injured person should record and keep all evidence of the personal injury to enable him to make a convincing case in court.

    A competent personal injury lawyer will be able to give advice as to what an injured party may claim and the process which has to be undertaken to lodge a claim (with RAF-claims, specifically, there is a lot of red tape). A victim of a personal injury has to be able to receive compensation for the damage that he suffered, which he will best be able to do with the help and expertise of specialist personal injury attorneys.

  • Injury & Accident Claims

    To use a little legal jargon, a person has a personal injury claim when there has been a lessening in a highly personal right or personality interest not affecting the person’s financial position. A highly personal right has been impaired when a person has suffered pain, emotional shock, psychological illness, psychiatric injury or physical suffering due to the fault of another.

    Where a person’s physical body has been violated, he has a patrimonial and non-patrimonial claim i.e. medical expenses and loss of income as well as monetary compensation for his pain and suffering. The person does not have to suffer the physical injury himself; when someone has suffered an emotional shock because of witnessing another person’s suffering, he also has a personal injury claim against the guilty party.

  • No Win, No Fee

    A client and his personal injury attorney can agree on a contingency fee for services rendered by the attorney. This basically entails a no-win, no-fee situation. If the attorney fails to prove a client’s claim, the attorney will not receive a fee.

    If the attorney, however, achieves a successful outcome in court, the attorney is entitled to a fee equal to or higher than his normal fee, but this amount may not exceed his normal fee by more than a 100%.

    Monetary claims

    If a client has a monetary claim, the attorney’s fee may not be more than 25% of the total amount awarded to the client. Costs awarded to the client are not included in these calculations. A client is entitled to refer an unfair contingency fee agreement to the relevant law society for reviewing and the law society may cast aside certain provisions of the agreement which are unreasonable or unjust.

Be Informed

If you claim through a lawyer, you are protected by the Attorney Fidelity Fund [AFF], an insurance fund through which you can sue a lawyer if you have been exploited. By claiming directly from RAF, there is no such insurance.

Beware the bait!

  • Do not be lured by promises of a 'quick payout' or intimidated into a settling for an amount far less than you are entitled to!

Have your "Claim Direct" case re-assessed

Get a "Second Opinion" by having your previously paid out direct claim re-evaluated by an expert attorney

Contact Us

Call or send us an email

Tel : 012-110 4211

Our offices are conveniently situated close to Brooklyn Square, Pretoria.

339 Hilda Street on Google Maps

Unit 4
Parkland 229
223 Bronkhorst Street
Nieuw Muckleneuk

International: +27-(0)12-110 4211

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