The astonishing story of how the Road Accident Fund (RAF) failed an accident victim, who had to wait 12 years to be paid out – and then only after the intervention of an attorney – is described in a detailed account in the Pretoria News by legal writer Zelda Venter.

Mmakgoshi Edith Molala, who was 17 in January 2008 when the accident occurred, lodged her claim directly to the RAF, which had advised her not to involve attorneys as it would cost too much. Despite keeping in regular contact with the RAF, there was no progress on the claim and the fund later told her the claim had prescribed. After seven years an attorney took on her case, resulting in a judge recently ordering that she should receive more than R8m. According to court papers, her family said that between 2010 and 2015 they visited the Menlyn branch of the RAF several times but never got an answer as to what is happening with the claim. During that time the claim prescribed.

Claims prescribe after five years if summons is not issued by an attorney. The Gauteng High Court (Pretoria) was told that neither she nor her family was ever consulted and they were never informed that her claim would prescribe if she did not engage the services of an attorney. In 2015 they came across Gert Nel Attorneys who took over the matter. The fund at first vehemently defended the merits of the claim on the technicality that the claim has prescribed. This was notwithstanding the fact that it was responsible for allowing the claim to prescribe. Eventually, Judge Cassim Sardiwalla ordered the fund to pay an amount of R8 473 306.90 for general damages and loss of income.

In light of the above judgement, it is important for potential claimants that might be approached by the RAF directly to rather consult an attorney that specialises in the field of personal injury law to assist them with their claim to prevent the pitfalls and risks as set out in the above order.  For any queries, contact Lefevré Joubert at lsj@millers.co.za.