| ROAD ACCIDENTS FUND |
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| Motor vehicle accidents usually result in damages. These damages can be to persons or property and will be discussed below. |
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| Litigation Flowing From a Motor Vehicle Collision |
| Once an accident has occurred, a police docket is usually opened and if the authorities deem it necessary, a criminal charge is laid against the persons accused of causing the collision. Should a victim want to claim compensation, a civil action must be instituted. |
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| Damages to property |
| If the claim is for damage to the vehicle or other property, one can institute the claim by means of a summons. Sometimes it is less costly to use an attorney to first write a letter of demand to the perpetrator. Otherwise a summons is the document by which the court case is started. The plaintiff in such a case usually also claims for legal costs and interest on the damages. |
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| Damages due to Injuries to Persons |
| When someone is injured, they might have a claim against the Road Accidents Fund. Due to the high rate of motor vehicle accidents in South Africa, we set out some important points below. |
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The Road Accidents Fund (RAF) is a government fund built up from levies on fuel. The purpose of this fund is to compensate injured accident victims. The claim will usually not be against the other driver. Such a claim will have to be properly compiled by using amongst other things, the correct claim documentation. One cannot sue the RAF without first having instituted a documentary claim in terms of the Road Accidents Fund Act.
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