MVA CLAIMS AGAINST THE ROAD ACCIDENT FUND
The Road Accident Fund
The act provides for the establishment of the juristic person known as the Road Accident Fund. The purpose of the fund is to pay compensation for certain loss or damage wrongfully caused by the driving of certain motor vehicles.
The RAF obtains its funds by way of a uniform fuel levy in respect of all fuel sold within the Republic of South Africa.
1. General Liability of the Fund
In terms of the Road Accident Fund Act:
The fund or an agent shall be obliged to compensate any person (the Third party) for any loss or damage which the third party has suffered as a result of any bodily injury to himself or herself, or the death of or bodily injury to any other person, caused by or arising from the driving of a motor vehicle by any person at any place within the Republic. The injury or death must be due to the negligence or other wrongful act of the driver or owner of the motor vehicle or of his or her employee in the performance of the employee's duties as an employee.
The fund is liable for claims for bodily injury or death arising from the driving of a motor vehicle of which neither the owner's nor the driver's identity can be established. These vehicles are referred to as unidentified motor vehicles.
Prescription
- In non fatal injury cases the claim arises and prescription starts to run on the date of the collision.
- In fatal injury cases the claims of the dependants only arise on the date on which the breadwinner dies.
In the case of identified motor vehicles, the MVA claim prescribes after three years from the date upon which the cause of action arose or collision occurred.
In the case of a minor, prescription is interrupted until the minor becomes a major, in other words obtains the age of 21. As soon as he becomes 21 years old, prescription starts running against him and the claimant then has three years in which to lodge the claim against the Road Accident Fund.
Prescription with regard to hit and run cases differs from those claims where the owner and/or the driver is identified. The hit and run claim, the claimant, must lodge a valid claim against the road accident fund within a period two years from the date the cause of action arose or collision occurred, irrespective of whether the claimant is a minor, under curatorship or detained in terms of help legislation.
Do you qualify?
If you feel that you qualify for a MVA claim against the Road Accident Fund, you may gladly contact our offices for assistance in the lodging and proofing of your specific claim.
*For your convenience you may download an MVA form to complete before contacting our offices. This will cut out much time for both parties.
