Road accidents in all vehicles are automatically covered by the Road Accident Fund Act. In terms of the Act, the RAF covers motor cars and motorcycles but not trains or bicycles.
The Road Accident Fund is a Fund that has been established by the Road Accident Fund Act. The main purpose of the Fund is to limit the liability of the negligent driver of a motor vehicle. The Fund steps into the shoes of the person who has negligently caused the accident and pays any compensation owing to road accident victims.
Note: The Fund is only liable for bodily injuries to either a driver, passenger and in some cases a pedestrian.
A claim can only be made against the Fund if the person who caused the accident was negligent and at fault. Therefore, if a person is injured and they are not to blame for the accident, (in other words, the person injured was not the negligent driver), then they can claim compensation from the RAF.
If the breadwinner of a family is injured or dies in an accident caused by the negligent driving of a motor vehicle by another person, the dependants of the breadwinner can also claim against the Fund for loss of support. There are however cases where the claim for compensation can be limited in respect of the dependants.