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Third Party Claims

For more information, see Publications

- Road Accident Fund - Motor Vehicle Accidents

A person may have a claim, which is known as a third party claim for damages should the person be injured as a result of the negligent driving by another person of a motor vehicle. The damages are paid by the Road Accident Fund, which procures its funds from the levy which is imposed on all fuel sold in South Africa.

The Road Accident Fund Act 56 of 1996 provides which persons have a claim, what damages may be claimed and how a person must go about claiming their damages.

The following information would assist at the time of the first consultation and would result in the claim for compensation against the Fund being able to proceed without delay:

1. Claimant
(a)
  1. Full name and residential address
  2. Citizenship
  3. Identity/Passport Number
  4. Telephone Number (Home)
  5. Telephone Number (Work)
(b) If the Claimant is claiming compensation on behalf of a person other than himself /herself (i.e. Father claiming on behalf of minor child), state:
  1. Capacity in which Claimant is acting
  2. Name and address of person on whose behalf compensation is being claimed
  3. Identity/Passport number of such person
  4. Relationship of Claimant to such person
  5. Furthermore photocopies of relevant marriage and/or birth certificates must be provided
2. Particulars of Motor Vehicle which caused the loss
(a) Registration letters and numbers and make
(b) Name and address of owner
(c) Name and address of driver at time of accident
(d)

If the motor vehicle which caused the accident drove away and is unidentified, details of efforts made to establish the identity of the owner or driver of the vehicle

3. Particulars of accident
(a) Date and time
(b) Place
(c) Police station at which reported and police reference number (if known)
(d) Rough sketch of the scene of the accident
4. Particulars of any other vehicle involved in accident
(a) Registration letters and numbers:
(b)
  1. Name of owner
  2. Address
  3. Occupation
(c)
  1. Name of Driver at time of accident
  2. Address
5. Particulars of person in respect of whose bodily injury or death compensation is claimed
(a) Full name and address
(b) Identity/Passport Number
(c) Sex
(d) Date of Birth
(e) Race
(f) Marital status at date of accident
(g) Marriage regime
(h) Business/Occupation
(i) At the time of the accident was he traveling in one of the vehicle described in paragraph 2 or 4
(j) If yes, state:
  1. Registration letters and numbers of vehicle
  2. Whether a passenger or drive
(k) If he/she was not traveling as a passenger or driver in one of the vehicles described:
  1. What was his/her mode of conveyance
  2. Was he/she a pedestrian
(l) Name and address of usual Medical Practitioner (If any)
(m) Name and address of all Medical Practitioner who attended him/her after the accident (if known)
(n)
  1. At which hospital or nursing home or other place did he/she receive treatment after the accident
  2. For how long did he/she remain at the said hospital or nursing home
  3. Was he/she a hospital patient or a private patient
  4. Hospital reference number
(o) Was he/she suffering from any physical defect prior to the accident
(p) If yes, give details
(q)
  1. Name and address of employer at date of accident
  2. Period of his/her employment
  3. Nature of work
  4. Date of resumption of work
(r) Was his/she injured or killed in the course of his/her employment
(s) State his/her income for twelve months immediately preceding the accident
  1. From employment
  2. From any other source (give details)
6. If person mentioned in paragraph 5 was fatally injured the following additional information is required in respect of such person
(a) Place and where death occurred:
(b) Date of death
(c) Is it known whether an inquest was held
(d) If known, state in which Court and reference number
(e) Name and address of the Executor of the deceased’s estate
(f) If available, provide a copy of the report on the post mortem examination
7. If person mentioned in paragraph 5 was fatally injured and compensation is claimed by or on behalf of dependents of that person the following information is required in respect of each such dependent
(a) Full name and address
(b) Identity/Passport Number
(c) Sex
(d) Date of birth
(e) Race
(f) Relationship to deceased person together with copy of the relevant marriage/birth certificate
(g) Marital status
(h) Date of accident
(i) Matrimonial Regime
(j) Business Occupation;
(k) If he/she suffering from any physical defect
(l) If yes, give full details
(m) Name and address of employer at date of accident and how long employed by such employer
(n) State his/her income for twelve months immediately preceding the accident:
  1. From employment
  2. From any other source
(o) Details and amounts of any inheritance received from estate of the deceased

 


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This information is not intended for use without professional advice.

 


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