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An undertaking is a contract between the claimant and the Road Accident Fund,  in terms of which the Road Accident Fund will reimburse the claimant for reasonable future medical expenses that the claimant may incur due to injuries sustained in the motor vehicle accident. 

The Road Accident Fund is a state insurer established by statute.  It provides insurance cover to all drivers of motor vehicles in South Africa in respect of liability incurred or damage caused as a result of a motor vehicle collision.  Liability incurred in relation to property damage is excluded from cover. 

• An individual who sustained bodily injury as a direct result of a motor vehicle accident;
• A dependent of a deceased breadwinner;
• A close relative of the deceased who incurred funeral expenses;
• A claimant under the age of 18 years must be a parent, legal guardian or curator ad litem

In respect of a motor vehicle of which the driver or owner is identified a claim for compensation in respect of loss or damage (bodily injury) from the driving of a motor vehicle, must be lodged with the Road Accident Fund within three years from the date on which the accident occurred. 

Once a claim has been lodged, a summons must be issued within five years from the date on which the accident occurred.

In respect of a motor vehicle of which the driver or owner is unidentified a claim for compensation in respect of loss or damage (bodily injury) from the driving of a motor vehicle, must be lodged with the Road Accident Fund within two years from the date on which the accident occurred.

Once a claim has been lodged, a summons must be issued within five years from the date on which the accident occurred.

After the lodgment of a claim, a Summons may not be served before the expiry of 120 days.

Head Office : 38 Ida Street, Menlo Park, Pretoria
Private Bag X2003, Menlyn, 0063
TEL : 012 429 5000 / FAX : 012 429 5500
CALL CENTRE : 0860 23 55 23

www.raf.co.za

The Contingency Fees Act 66 of 1997 makes it possible for an attorney to conclude a Contingency Fees Agreement with his and/or her client subject to strict compliance with the Act.

• Section 2(1)(a) The attorney will be entitled to his and/or her normal fees for services, as agreed,  only if the client is successful,  without any statutory cap being applied;
• Section 2(1)(b) The attorney will be entitled to a normal fee and a success fee (limited to 25% or double the normal fees whichever amount is lesser) in case of the matter being successful.

*Expenses are excluded from both calculations with regards to Fees.   

The use of a Contingency Fees Agreement enables financially challenged individuals to obtain and/or engage the services of an attorney for legal assistance.

A Contingency Fees Agreement generally entails that the attorney incurs and/or carries all the costs during the duration of the proceedings up until the finalization.

When a matter is successfully finalized the attorney will provide a statement of account which is deducted from the proceeds of the claim as agreed upon in terms of the Contingency Fees Agreement. 

• SAPS Case Number and the name of the relevant Police Station;
• Names and contact details of the traffic officials who attended the scene;
• Copy of Identity Document;
• Copy of birth certificate in matters where minors are involved;
• Salary Advice Slips for a period of 3 months before the date of accident;
• Full and/or complete particulars of Employer(s);
• Details of all treating doctors and/or medical personnel;
• Details of any witnesses to the accident;
• Photographs of the scene of the accident;
• Photographs of the vehicles involved in the accident;
• Photographs of any and/or all accident related injuries;
• Specified accounts of funeral expenses;
• Specified accounts of medical expenses;
• Medical aid undertaking where applicable.

Review your fee agreement and the bills your attorney has sent you.  All charges should be consistent with your agreement.  If you have questions about any particular charges,  ask your attorney to explain said charges.

When you consult with an attorney about a legal matter,  your communication(s) with said attorney will be regarded as privileged.  Said privilege entails that subject to some very limited exceptions, and unless you grant permission,  your attorney cannot disclose any information to a third party.