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In our previous  blog we answered some FAQ’s about motor car accidents and the consequences.

As previously, we reiterate that if you have been recently involved in a motor vehicle accident and need advice or legal services on the RAF, civil or criminal damages claims you may have as a result of the collision; then please contact our office and/or legal consultant, as soon as possible for obtaining proper, professional legal advice.

We will today answer a few more to finalise this topic for now.

Car Accident What will happen now Continued

  1. Who do I sue for my physical injuries?
    In terms of South African Law you cannot sue another person for financial compensation for your injuries sustained in a road accident. You must claim such compensation from the Road Accident Fund (RAF) as they cover third party insurance.

2. Can I claim from the RAF if I was partly responsible for the car accident?
Yes you can. Any person involved in a car accident that was not solely or entirely their own fault can claim from the RAF. However, in terms of the current dispensation, your role in causing the accident will be taken into account; and will affect the amount of the compensation that is eventually determined that is owed actually to you. Eg: If you were the driver and the accident was 50% your fault; you will only receive half of the total amount of damages that you were entitled to.

3. Who will pay my medical bills after a car accident?
Either you or your medical aid or health insurer will need to pay the medical bills and expenses after an accident; but they can be claimed back from the RAF. In a successful RAF claim the RAF may also cover you for any ongoing and even future medical expenses associated with your injury; provided you can show what they are and their actual projected cost.

4. How much can I claim from the RAF?
For car accidents that occurred on or after the 1st August 2008, claims for loss of earnings and loss of support are currently capped at R 239670.00 per year, regardless of the actual loss incurred by you. This value is a result of adjusting a limit of R 160000.00 set in 2008 and adjusted for inflation. Prior to this date the total claimable amount per year was R 160000.00. Your claim for compensation for medical expenses incurred by you is determined by and based on public healthcare rates which are adjusted from time to time to keep up with inflation.

5. When can I also claim for General damages for pain and suffering etc?
If your injury or injuries are determined to be “serious” in terms of certain set criteria, you may qualify for an award of general damages for pain and suffering and loss of amenities of life in addition to the above claims.

It can be seen from the above questions and answers that RAF claims can be complicated and require expert advice and legal services.
Besides RAF claims you would also have a civil claim for damages, not for the physical, emotional and trauma injuries suffered by you in a car accident; but you would be able to claim for the damage to your car and other property if the driver of th other vehicle was solely responsible for the accident and for part of your damages if he or she was only partly responsible for the accident.

In these cases as well proper professional legal advice and legal services should be utilised to ensure that you get justice and fair and reasonable compensation for all of your damages.

You can contact Hugh on his mobile number - 082-0932304 (preferred) or  the landline 028-3162832, where you can leave a message if he is unavailable. You can also send him  an email by clicking on the EMAIL BUTTON on the right side panel.

Again; if you have been involved in a car accident recently; then contact us at The Legal Advice Office at or better still send an email to one of our email addresses; either iThis email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and he will revert within 48 hours.

The Legal Advice Office Team.


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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (0) 82 093 2304