can you claim raf after 10 years

Can You Claim RAF After 10 Years? – Expert Advice

Can You Claim RAF After 10 Years?

Have you been injured in an accident? If so, you may be wondering if you can still claim from the Road Accident Fund (RAF) even if it has been 10 years since the incident. In this article, we’ll provide you with expert advice on the matter, taking into consideration the statutory limitations and legal processes. Read on to understand your options and the steps you can take to potentially secure compensation.

can you claim raf after 10 years

Understanding RAF and Its Purpose

The Road Accident Fund (RAF) in South Africa provides compensation for individuals who have suffered injuries, disabilities, or loss of financial support as a result of a road accident caused by the negligence or wrongdoing of others. Its primary objective is to help victims and their families receive the necessary support and financial assistance during difficult times.

The Statutory Limitation Period

It is important to note that the RAF has a statutory limitation period within which one can submit a claim. According to South African legislation, the general limitation period for personal injury claims is three years from the date of the accident. However, there are certain exceptions to this rule, which may allow you to claim compensation even after 10 years have passed.

Exceptions to the Rule

Although the general limitation period is three years, there are specific circumstances where the RAF may consider claims submitted after 10 years. These exceptions typically involve situations where the injured party was a minor at the time of the accident, or where the victim suffered from a mental or physical incapacity that prevented them from lodging a claim during the prescribed period.

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If you believe you fall within one of these exception categories, it is essential to consult with an experienced personal injury attorney who can evaluate your case and provide guidance on the way forward.

Steps to Take if You Believe You Can Claim RAF After 10 Years

If you meet the criteria for an exception to the limitation period, you should consider the following steps to maximize your chances of successfully claiming from the RAF:

  1. Gather evidence: Collect as much evidence as possible related to the accident and your injuries. This may include medical reports, photographs, witness statements, and any other supporting documents that will substantiate your claim.
  2. Consult an attorney: Seek legal advice from a proficient personal injury attorney who specializes in RAF claims. They can provide an expert evaluation of your case and guide you through the complex legal procedures.
  3. Initiate the claim process: Your attorney will assist you in filing your claim with the RAF. They will ensure all necessary documents are completed accurately and submitted within the prescribed timelines.
  4. Negotiate a settlement: Your attorney will engage in negotiations with the RAF on your behalf, striving to secure a fair compensation settlement. They will use their expertise to assess the value of your claim and advocate for your best interests.
  5. Litigation: In case negotiations fail, your attorney can represent you in court proceedings, presenting your case and fighting for a favorable judgment. Experienced attorneys have the skills to navigate legal complexities and fight for a successful outcome.

How Long Will the Process Take?

Claiming from the RAF can be a time-consuming process, especially if your case ends up in litigation. The duration may vary depending on the complexity of your case, the cooperation of the parties involved, and the court’s schedule. It is crucial to remain patient and persistent throughout the process.

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Conclusion

If it has been 10 years since your accident, you may still have a chance to claim from the RAF if you fall within the exception categories outlined by the statutory limitations. To determine your eligibility and increase your chances of success, it is recommended to consult with an experienced personal injury attorney who can provide expert guidance and navigate the intricacies of the RAF claims process on your behalf.

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