How long will your claim take?
Claims against the RAF are known to take up to 5 years or more to finalize but that all depends on
the circumstances surrounding the accident.
IT IS ALWAYS BETTER TO CONSULT WITH AN EXPERIENCED ATTORNEY AND ENSURE THAT YOUR
E\771ORNEY EXPLAINS EVERYTHING TO - YOU IN DETAIL.
How much do you have to pay an Attorney in order to claim from the RAF?
There are normally two ways in which fees are levied:
1) In terms of a Fee Agreement; OR
2) On a Contingency Basis.
Attorneys can differ when it comes to charging a client but normally the attorney will agree not to
take their costs for doing the work for you until you are paid out by the RAF (This means that you will
not have to pay the attorney any money until the claim is finalized in the event of your claim being
Always discuss this with your attorney first.
Road Accident Fund Claims
What is now known as a Road Accident Fund Claim, was previously known as a Third Party Claim.
The Road Accident Fund (RAF) exists to assist individuals who require assistance with regards to
claims against the actions of a person who causes an accident.
Victims of road accidents often approach the Road Accident Fund without realizing that they would
receive much more professional assistance and legal support from an Attorney's firm that has
extensive experience with the claim process. Although the Road Accident Fund theoretically claims
that they provide cover to all road users within the borders of South Africa for incidents arising from
the use of motor vehicles, the process becomes timely, impersonal and extremely costly.
Making use of the services of an Attorney's firm that specializes in Road Accident Fund Claims and has the necessary experience in personal injury cases. Be aware that the Road Accident Fund has
been known to dispute cases on numerous occasions and for various reasons, do not be caught off
guard. Claims against the Road Accident Fund are made up of numerous elements, the most well
known of which is general damages. The majority of people would call this a claim for pain and
suffering. The Road Accident Fund pays out a minimum for these claims, based on previous case
law, generally lower than R50,000.00.
Bearing in mind that the economic climate is currently suffering, most people tend to try to save
legal costs by claiming against the Road Accident Fund themselves, thus doing themselves greater
harm as the Road Accident Fund is ill-equipped to tend to claims against itself. An experienced
Attorney who handles your claim against the Road Accident Fund for personal injuries suffered, will
secure your claim against the "Fund" thus ensuring that you are compensated for your injury/pain
and suffering/medical expenses — current and future/loss of income.
Most Attorneys will take on your case for you on a contingency basis (no win/no fee), so there is
nothing for you to lose.
In terms of section 38 of the Criminal ProcedureAct , there are three different methods in which any
person may be brought before Court for purposes of his or her trail. The three different methods
1. Summons to appear before a certain court on a specific date, OR written notice to appear at a
certain place on a specific date.
2. Indictment to appear in a Superior Court on a specific date.
3. Arresting the accused in order to charge him and to bring him before court.
This article focuses on point 3 above and the import role that bail applications play when someone
has been arrested.
DIFFERENT FORMS OF BAIL
There are broadly speaking three forms of bail, namely:
1. Police Bail: Bail may be granted at the police station by certain police officials if the accused has
been arrested for a minor offence.
2. Prosecutor: Bail may be granted by an authorised prosecutor at the police station if the accused
has been arrested for a schedule 7 offence.
3. Bail Applications in Court: In all other instances an application for bail will have to be made in
Court. Thus, the specific form of bail that will be applicable in a particular case will depend on the
specific offence that a person is arrested for and charged with
WHY MAKE USE OF OUR SERVICES
Our firm strives to assist our clients in all three forms of bail applications as explained above. We are
here to walk the criminal procedure path with you from the start to the very end and to provide you
with the best service that we can offer. A criminal trail can be a very stressful and emotional
experience and our firm will stand by you through the difficult times.