Third Party Claims

Anybody involved in a motor vehicle accident within the boundaries of the Republic of South Africa has the right to institute a Third Party Claim against the Road Accident Fund (RAF). A claim may be instituted if the injured party has sustained bodily injuries, from the negligent driving of a motor vehicle by another person.

Liability of the RAF

To be successful with a Third Party claim, there are 2 elements that should be proved:

• Merits of the claim
• The quantum of the claim

Documentation to prove the merits are the following:

• Statement and sketch-plan by the injured person
• Accident Report from SAPS
• Witness statements from witnesses
• Photographs of the damages to the motor vehicle and the scene of the accident
• Outcome of Criminal prosecution
• Outcome of the claim for material damages to your motor vehicle

Documentation to prove the nature and extent of the injuries are the following:

• Statutory Medical report (the Form 1 claim form) completed by the doctor / hospital who treated the injured party after the accident
• Medical Reports (including Specialists and Physiotherapist’s reports)
• Hospital records
• Clinical notes
• Photo’s of injuries sustained