Motor Vehicle Accidents If you have been injured in a motor vehicle accident, whether as a driver, passenger or pedestrian, you may have a claim for compensation against the Road Accident Fund (“RAF”). Any person involved in a motor vehicle accident can claim compensation from the RAF, except the driver of a vehicle whose negligence was the sole cause of the accident.
The RAF is a statutory insurer created by Government to pay compensation to victims of a road accident. The RAF steps into the shoes, and assumes the liability, of the driver who caused the accident. After an accident, you can claim against the RAF if you were injured or a member of your family was killed:

• while being conveyed as a passenger in a car, bus or truck;
• while being conveyed as a passenger on a motorcycle;
• while driving a motor vehicle or riding a motorcycle and the accident was not your fault;
• while riding a bicycle which collided with a motor vehicle and the accident was not your fault;
• while being conveyed as a passenger on a bicycle which collided with a motor vehicle being driven negligently;
• if you/your deceased family member was a pedestrian and the accident was caused by the negligent driving of a motor vehicle

Claims can be made against the RAF:

as a result of bodily injuries, which will include the costs of past and future medical expenses, the past and future loss of earnings/salary and, subject to certain requirements, compensation for pain, suffering and disfigurement (General Damages);
for loss of support where a breadwinner passed away as a result of injuries sustained in an accident;
for certain funeral expenses.

The Constitution places a duty on the police to prevent, combat and investigate crime, to maintain public order, to uphold the law, to protect and to secure all people within the borders of South Africa, as well as their property.
Police and metro police officers are allowed to use force when strictly necessary, in the execution of their duties, but the force used must always be proportional to the situation. In the event that police and metro police officers use excessive, unnecessary force, they may be guilty of assault.

Claims can be made against the Police or Metro Police:

• As a result of bodily injuries, including claims for past and future medical expenses, past and future loss of earnings and for pain, suffering and disfigurement (General Damages);
• Claims for loss of support and/or funeral expenses, where a breadwinner passed away as a result of the injuries sustained.

Police and metro police officers have the authority to arrest and detain suspects but incidents of unlawful arrest and detention by overzealous officers have been on the rise. Should you believe that you were unlawfully arrested and detained, CONTACT MP MULAMULA INC FOR A CONSULTATION.

The undersettlement of claims have become a reality in recent times. When instituting a claim against any organisation, whether it is against the Road Accident Fund, a government entity or a private entity (whatever the case may be), your claim must be thoroughly investigated and prepared to eliminate prospects of an undersettlement.

An undersettlement, means that you receive less remuneration than what your claim is actually worth. The aforesaid can be avoided by choosing the right law firm to represent you. Personal injury is a complex field and it is imperative that a specialist law firm be consulted.

It would be difficult to prosecute a medical malpractice claim, or a claim against the Road Accident Fund on your own unless you have the necessary expertise in such matters.
We represent claimants in matters where the Road Accident Fund takes advantage of claimants’ ignorance and dire circumstances to settle claims.

We similarly represent claimants in cases where attorneys fail to obtain fair compensation for clients, as a result of poor preparation, ignorance or greed.