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Claims & Appeals

Road accident fund claims

The Road Accident Benefit Scheme is different to the Road Accident Fund and therefore claims will be different to the current RAF claim system. The NO-FAULT system won’t require claimants to prove guilt or innocence. In theory, this should facilitate quicker settlements due to the lack of lengthy investigations.

How the RABS system is different from the road accident fund claim process

A victim would still have to proof that he/she was in an accident by submitting the required documents, in exactly the same way as a current RAF demands. In addition, a victim would still be required to proof a connection between the accident and injuries. To do this, medical reports and necessary police documentation would have to be obtained and submitted at the victim’s own expense, as the administrator will not pay for any of these costs.

Claiming from the road accident fund is an ineffective process. Sign our RABS petition today.

NO COSTS WOULD BE PAID TOWARDS LEGAL FEES AND ROAD ACCIDENT VICTIMS WOULD BE REQUIRED TO PREPARE, LODGE AND CHAMPION THEIR OWN CLAIMS.
Possible Problems

But what will a victim do if he or she is not able to obtain medical records or his or her name does not appear on the accident report as does often happen with taxi accidents? These claims will be lodged unrepresented and the victim would be at the complete mercy of the RABS Administrator. Keeping in mind the high rate of illiteracy and an unemployment levels over 25% it would be very difficult for the regular road accident victim to prepare a claim, let alone afford it.

How will the claims and appeal processes work?
  • To start with, victims will not be allowed to file claims within 60 days of the accident. It’s recommended that this time is used to gather the relevant paperwork.
  • After 60 days, the victim may submit a claim but will have to wait an additional 180 days for RABS to decide whether or not he/she would qualify for benefits.
  • In terms of Section 48(1) the administrator is not obliged to even reply to a claim and the victim must accept that, if he has not heard from the administrator within 180 days, his claim had been denied.
  • Should victims not be satisfied with the benefits awarded, they would have the right to an internal appeal – handled by officers appointed by the RABS Administrator.
Concerns!
How will this affect you?

With the high level of illiteracy and lack of financial means, victims may not be in a position to lodge their appeal in time. Some victims are completely unable to act on their own behalf for instance those who are comatose or mentally incompetent. The fact that a victim will have to “self-fund” expert evaluations in support of an appeal will make the process economically unaffordable to the average road accident victim.