The RAF is a fund set up in terms of the Road Accident Fund Act 56 of 1996, (as amended by Act 19 of 2005). It is funded by a levy/tax which is included in the price of petrol and diesel which is sold in South Africa. This is known as a fuel levy. Everyone who buys petrol or diesel pays a little extra for each litre of fuel and this levy goes to the RAF.

CLAIMS FOR PHYSICAL INJURIES TO PEOPLE

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.

CLAIMS FOR DAMAGE TO VEHICLES OR GOODS

The Road Accident Fund does not cover damage to vehicles or things inside the vehicles, such as clothes or watches. Damages for vehicle repairs or broken things must be claimed from the person who caused the accident, or their insurance company. Extra motor vehicle insurance that you buy from a private insurance company is not automatic. You choose whether you want to pay for extra insurance, for example, fire and theft insurance, balance of third party, and comprehensive insurance. You can then claim from your own insurance company for your own losses, if somebody else caused the accident. If you cause an accident and you have insurance, you can ask the insurance company to pay someone else for the loss that you have caused to them.