At some point, you are bound to be involved in an accident. Minor motor vehicle accidents are fairly common in South Africa, especially on rainy days or during the evening when visibility is severely reduced. During the festive season, these numbers increase dramatically.
According to the Automobile Association (AA), 2016 saw 14,071 people die on South Africa’s roads – a significant jump from 12,944 deaths recorded in 2015, a 9{dcbd125d7e4001924a4d570ec927b32311b1a9a7ffee167db7c5dd7f2fba3134} increase, with over 1,120 more people dying, year-on-year. This is the highest annual road death toll since 2007 when 14,920 people died on South African roads.
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According to the WHO, Road traffic injuries are the ninth leading cause of death globally, and the leading cause among people age 15–29 years. Almost 60{dcbd125d7e4001924a4d570ec927b32311b1a9a7ffee167db7c5dd7f2fba3134} of road traffic deaths occur among people aged 15–44 years. According to a 2015 report titled “Cities Safer by Design” by the World Resources Institute (WRI), Johannesburg has some of the most dangerous roads in the world, ranking as the 13th most likely place to die on the road.
In South Africa, the Road Accident Fund (RAF) provides compulsory cover to all users of South African roads, citizens and foreigners, against injuries sustained or death arising from accidents involving motor vehicles within the borders of South Africa.
Road Accident Fund Claims can be extremely difficult to institute and pursue and are grossly under settled. The Road Accident Fund itself is a Defendant with deep pockets and is extremely litigious.
A passenger (front seat or back seat) of a motor vehicle involved in a motor vehicle collision or road accident is entitled to recover compensation directly against the Road Accident Fund.
The damages claimable are:
1. Past hospital and medical expenses
2. Future medical expenses – in the form of a letter of undertaking;
3. Past and Future loss of earnings which are statutorily capped;
4. General damages for pain and suffering provided that the American Medical Association Guidelines are met.
Malcolm Lyons and Brivik are recognised as leading attorneys in South Africa for personal injury and accident claims.
Do you think you have a claim?
We work on a no win, no fee basis if your case is eligible.
If you would like to institute or pursue such a claim against a third party or the Road Accident Fund with the assistance of Malcolm Lyons & Brivik Attorneys Inc. please contact us on:
Cape Town, Western Cape:
0861 MLB INC / (021) 425-5570
Johannesburg, Gauteng:
0861 MLB INC / (011) 268-6697
