RAF Claims Prescription Periods: What You Must Know to Protect Your Rights
In the aftermath of a road accident in South Africa, one of the most crucial steps for victims is to submit a claim to the Road Accident Fund (RAF). However, like many legal processes, there are strict time limits involved. If you don’t file your claim within the prescribed time period, you may lose your right to receive compensation, no matter how severe your injuries may be.
The Prescription Period for RAF Claims: What You Should Know
The prescription period refers to the legal deadline within which you must submit a claim to the Road Accident Fund (RAF) after a road accident. Missing this deadline could result in your claim being rejected. So, how long do you actually have to submit a claim?
1. The Standard Prescription Period
In South Africa, the standard prescription period for filing a claim with the RAF is three years from the date of the accident. This means you must file your claim within three years of the accident, or you may lose the right to seek compensation for your injuries, medical costs, lost wages, and other damages.
2. The Importance of the Prescription Period
The prescription period is in place to encourage claimants to act promptly and ensure that the evidence surrounding the accident is still fresh. This ensures that all parties can gather the necessary documentation and provide accurate testimony. Delays may make it harder to establish the facts of the case, and the passage of time can weaken your claim.
Factors That Can Affect the Prescription Period for RAF Claims
While the three-year prescription period applies in most cases, there are certain circumstances where the prescription period may be altered or extended. Understanding these factors is essential in ensuring that your claim is submitted on time.
1. Minor Children Involved in Accidents
If the victim of the accident is a minor (someone under the age of 18), the prescription period is extended. Instead of starting from the date of the accident, the prescription period starts from the minor’s 18th birthday. This means that a minor has until they turn 21 to submit their claim.
2. Mental Incapacity
If the accident victim is mentally incapacitated at the time of the accident (for example, they are in a coma or suffer from a mental illness), the prescription period may be extended until they are able to manage their legal affairs. In these cases, the claim period may not start until the person recovers or a legal guardian files on their behalf.
3. Discovery of Injury After the Accident
Sometimes, injuries from a road accident are not immediately apparent. In such cases, the prescription period may be extended to start from the date when the injury is discovered or diagnosed by a medical professional. However, this discovery must be documented by a medical professional to support the extension.
What Happens if You Miss the RAF Prescription Period?
If you fail to submit your claim within the prescribed time period, you could lose your right to claim compensation. The RAF has strict rules about the prescription period, and missing it can have serious consequences.
1. Your Claim May Be Rejected
Once the prescription period expires, the RAF will likely reject your claim. Even if you have valid reasons for not submitting your claim on time, such as medical issues or mental incapacity, the RAF typically adheres to the legal deadline. While there may be some exceptions or opportunities for an extension in rare circumstances, the general rule is that once the time limit has passed, your chances of claiming compensation become much slimmer.
2. Possible Legal Action to Extend the Period
In some cases, it may be possible to request an extension to the prescription period, but this is not guaranteed. An experienced personal injury attorney may be able to help you file an application to extend the period under certain circumstances, such as if you can show compelling reasons for the delay. However, it is crucial to act quickly and seek legal advice as soon as possible.
How to Ensure Your RAF Claim is Filed on Time
To ensure your claim is submitted within the required time frame and to avoid the consequences of missing the prescription period, follow these important steps:
1. Report the Accident Immediately
One of the first things you should do after being involved in an accident is report it to the police. The police report will be essential for your RAF claim, and it’s important to document the accident as soon as possible.
2. Seek Medical Attention
Even if your injuries seem minor, seek medical attention right away. Not only will this help with your recovery, but it will also provide you with important medical documentation for your RAF claim.
3. Contact a Personal Injury Attorney
Navigating the RAF claims process can be complex, especially with strict deadlines. An experienced personal injury attorney will ensure your claim is filed on time and that all necessary documentation is gathered to support your case. The sooner you get in touch with a lawyer, the better.
4. File Your Claim as Soon as Possible
Don’t wait until the last minute to file your RAF claim. The sooner you file your claim, the better your chances of receiving compensation. Your lawyer will help ensure that all forms are properly completed and submitted on time.
Don’t Wait – File Your RAF Claim on Time
The prescription period for RAF claims in South Africa is a critical factor in ensuring that you receive the compensation you deserve. With the standard period being three years from the date of the accident, it’s important to act quickly and consult with a personal injury attorney to ensure your claim is filed within the appropriate time frame.
At PM Attorneys, we specialise in helping road accident victims navigate the complexities of the RAF claims process. Our experienced attorneys are here to guide you every step of the way and ensure your claim is submitted on time, giving you the best chance of securing the compensation you deserve.
If you’ve been injured in a road accident, don’t wait until the prescription period expires. Contact PM Attorneys today for expert legal assistance in filing your RAF claim. Our team is here to ensure your claim is submitted on time, giving you the peace of mind you deserve. Call now or fill out our online form to schedule a consultation.