Your Guide to Calculating RAF Prescription Periods in South Africa
The Road Accident Fund (RAF) offers vital compensation to individuals who are injured in motor vehicle accidents in South Africa. However, to access this compensation, you must submit a claim within a specific time frame known as the “prescription period.” This period is crucial, as missing it could mean losing your right to claim. Understanding how to calculate the RAF prescription period can make a significant difference in securing the compensation you deserve.
What is the RAF Prescription Period?
The RAF prescription period refers to the time frame within which you must submit your claim for compensation after an accident. In South Africa, the Road Accident Fund requires that claims be submitted within three years from the date of the accident. This is the standard prescription period.
However, calculating the exact prescription period may vary depending on specific circumstances surrounding the accident. Here are some important details about how the prescription period works:
1. Standard Prescription Period of Three Years
In most cases, you have three years from the date of the accident to file a claim with the RAF. This three-year period is crucial, and failure to submit the claim within this time frame can lead to the loss of your right to claim compensation.
2. Special Circumstances That Affect Prescription Periods
There are several circumstances that may affect the calculation of the prescription period, and it’s important to understand how they work:
- Minors: If the accident involves a minor (someone under 18), the prescription period only starts when the minor turns 18. This gives the minor an extended period to claim compensation.
- Mental Incapacity: If the injured person is mentally incapacitated at the time of the accident, the prescription period may be extended until they are capable of managing their own affairs, or a legal guardian can file on their behalf.
- Discovery of Injury: In some cases, injuries from an accident may not be immediately apparent. If injuries are discovered after the accident, the prescription period may start from the date of discovery. However, the injured party will need to provide medical evidence to support this.
How to Calculate the RAF Prescription Period
Now that you understand the basic prescription period, it’s time to calculate how much time you have to submit your RAF claim. Here are the key steps you need to follow:
1. Identify the Date of the Accident
The starting point for calculating the prescription period is the date of the accident. The three-year period begins counting from this date, so it’s essential to have an accurate record of when the accident occurred.
2. Consider Special Circumstances
If any special circumstances apply to your case (such as being a minor, mentally incapacitated, or discovering injuries after the accident), these will affect the starting point of the prescription period. For example:
- If the accident involved a minor, the prescription period will only begin once the child turns 18. Therefore, they would have until they are 21 to submit a claim (3 years after reaching adulthood).
- If the injured person was mentally incapacitated at the time of the accident, the prescription period may begin only once they are mentally able to manage their affairs.
3. Track Key Dates
Once you have identified the applicable starting date for the prescription period, be sure to keep track of the date when the three-year period will end. You must file your claim before this date to ensure your eligibility for compensation.
4. Act Early to Avoid Missing the Deadline
While it may be tempting to delay the claims process, it’s crucial to act as soon as possible. Delays can make it more challenging to gather the necessary documentation, and you risk missing the prescription period. A personal injury lawyer can help ensure that your claim is filed on time, with all required documentation in place.
The Importance of Filing Your RAF Claim on Time
The prescription period is designed to encourage the timely resolution of claims and to ensure that the evidence remains fresh. If you fail to file within the prescribed time frame, you may lose your right to claim, even if you were seriously injured in the accident.
1. The Risk of Losing Your Right to Compensation
Missing the prescription period for your RAF claim means that you will no longer be eligible for compensation. The RAF typically refuses to process claims filed after the prescription period has passed, and pursuing legal action after this point can be challenging and costly.
2. How an Attorney Can Help
Given the complexities of calculating the prescription period, especially when special circumstances apply, it’s essential to have expert legal guidance. An experienced personal injury lawyer can help you navigate the process, ensure that your claim is submitted within the legal timeframe, and maximize your chances of receiving fair compensation.
Act Fast to Protect Your Right to RAF Compensation
Calculating the RAF prescription period and ensuring that you file your claim within the appropriate time frame is crucial to securing the compensation you deserve after a road accident. With the standard prescription period being three years, it’s essential to understand how different factors can affect your timeline.
At PM Attorneys, we specialise in helping individuals navigate the complexities of the RAF claims process. Our team of experienced personal injury attorneys is committed to ensuring that your claim is filed correctly and on time, helping you secure the compensation you need for medical expenses, lost wages, and pain and suffering.
Don’t let the prescription period pass by without taking action! Contact PM Attorneys today to discuss your RAF claim and ensure that your rights are protected. Our team is ready to assist you with expert legal advice and help you secure the compensation you deserve. Call us now to schedule a consultation.