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Don’t go direct to the Road Accident Fund

updated: 17-Nov-16

Many of you will have heard that the Road Accident Fund urges people to lodge and settle their cases with the Fund directly. They allege that they will settle your case for the same amount as you would get with an attorney, but that you won’t have to pay legal fees.

That would of course put attorneys out of business if it was true. But it simply is not.  In the majority of large cases that we have come across, the Fund has dramatically under settled these poor direct claimants

In press releases the RAF claim they will help you directly.  However when they are sued for under settling cases they boldly declare that they have no responsibility towards you to make sure you settle on a decent basis. In fact, in Court papers which we have and we can supply you with, they deny that in cases involving direct claimant matters they are helping the person at all.  They say in such cases people are representing themselves and that it is impossible for the Road Accident Fund to represent you and themselves at the same time – which is exactly what we as attorneys say.  Except the Fund keeps on urging the public to fall for that exact trap. 

So, on one hand publicly they claim they will help you but in official Court papers they say you must actually attend to the legal process yourself, follow time limits and presumably also issue your own summons. They recently alleged in the Court papers that “it is a legal impossibility for defendant [RAF] to act as such a functionary of legislation and simultaneously as an agent for a claimant …”.  In short once your cases runs into problems the RAF will tell you exactly what we are saying: You are on your own if you don’t have an attorney! The Fund cannot possibly represent your interests and theirs at the same time.

Attorneys around the country can give examples, and some have been quoted in the media, of the dangers of claiming directly from the Road Accident Fund.  Case after case is settled for a fraction of what it is worth.  In many instances the results achieved by attorneys are 5 or 10 times better than the RAF’s offer.  No amount of “savings” on legal fees can help if your case is settled for 5 times less than it is worth and that is why we recommend using attorneys like us in your case.  Do not make the mistake of going direct to the Road Accident Fund – where you may well have some unqualified claims handler on your case trying to represent both you and the RAF.  Get someone on your side, a trained lawyer who specializes in this work.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.