Motor Vehicle Accidents: Loss of support and the RAF
More often than not, victims of motor vehicle accidents are persons who were the sole breadwinner in their households. What happens if this person who bears the onus of duty of support is deceased due to a road accident? A loss of support claim can be brought with The Road Accident Fund (“the Fund”) by the dependent of a deceased person, a close relative of the deceased in respect of funeral expenses, a parent or legal guardian of a minor and any interested party who must show they are indigent if there was no direct duty to support.
What is the Fund?
The Fund is a statutory body established by the RAF Act which exists to provide compensation to all persons within the Republic of South Africa for loss or damage resulting from death or bodily injuries caused by negligent driving of motor vehicles within the country, however, there are requirements for such loss of support matters.
Requirements
The requirements are that the deceased was not 100% to blame for the road accident and there was a 1% negligence on the part of the insured driver, the deceased had a duty to support the claimant financially, and the claimant was financially supported by the deceased at the time death and as a result, the claimant has lost the support due to the death of the deceased.
Legally a claimant must show inability to support themselves, a close relationship to the deceased person from whom they claim support and the latter’s ability to provide support. These claims are brought Within 2 years from the date of which the accident arose if it’s an unidentified driver (the identity of the owner and driver is unknown) or 3 years if the identity of the negligent driver or owner is known and there are exceptions.
A claimant may lodge the claim directly with the Fund however, a claim against the Fund involves having to comply with legal requirements and within prescribed time limits. This process can be daunting and complex, therefore the very first step is to approach attorneys who specialize in such claims.
A claim that can be instituted involves funeral benefits, past and future loss of support for a dependant of a deceased.
At MALCOLM LYONS & BRIVIK we specialise in road accident claims and we can assist by assessing your claim and take the appropriate legal measures in giving you the best chance of receiving the best compensation you deserve on a no-win, no-fee basis. If you may have an RAF loss of support claim, kindly contact us.
Saney Mbatha (Author)
Basic nursing care, LLB
Malcolm Lyons and Brivik Attorneys Inc.
Malcolm Lyons and Brivik Attorneys are leading experts in the field of labour law in South Africa. To discuss whether you have a case, contact our offices below:
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