HOW MUCH CAN I EXPECT TO RECEIVE? - De …

1 QUICK GUIDE. 1. MICHAEL DE BROGLIO. Michael de Broglio began his practice in 1995. It has subsequently grown into the leading personal injury firm in South Africa handling both medical negligence cases as well as claims against the Road Accident Fund. Michael has a track record of having been very involved in the community and the legal profession. He writes a legal newsletter, formerly written for the Johannesburg Attorneys Association, especially for attorneys on Road Accident Fund matters, which goes to over 1000. attorneys who do this field of work, and he has also lectured to other attorneys who do this work, giving advice and tips on how to handle Road Accident Fund claims. He sat on the Law Society of the Northern WHAT IS THE ROLE OF THE ROAD. Provinces, and has previously chaired the ACCIDENT FUND. Gauteng Law Council and was also the youngest ever chairperson of the Johannesburg Attorneys The RAF (which is short for the Road Accident Fund).

2 Association. He holds three degrees from the is a body which has been set up according to an University of the Witwatersrand BA, LLB and LLM Act of Parliament, which has subsequently been (which is a Masters in Law). Michael has made amended a few times, and is what could most representations on behalf of legal organizations simply be described as an insurance company for to Parliament itself and has also appeared those who are injured in motor vehicle accidents frequently in the media whether in the press, for which they are not to blame. magazines, radio or on television. His outside interests include reading and racing race horses, It is basically a compulsory insurance policy, golf and extensive reading on economics and because every time you fill up with petrol, you business in particular. pay a contribution towards the Fund. The Fund has had a number of changes over the years, Very few people know that when one is injured with the result that some people refer to it as it in an accident, for which they are not to blame, was known about 30 or 40 years ago, as the Third they have a claim for compensation against the Party Fund, other people refer to claims as MVA.

3 Road Accident Fund. This Quick Guide has been claims as once upon a time it was known as the prepared by De Broglio Inc Attorneys, for the Multi-lateral Vehicle Act, but the correct term is a benefit of clients of De Broglio Inc to allow you RAF claim or a Road Accident Fund claim , as that to have a greater understanding of the Road has been the name for over a decade now. Accident Fund process, the organization itself, and how it benefits you as well as the claims process. WHEN DOES ONE HAVE A claim ? Please do take the time to read it as it will help you understand what we do and make sure that The law changed drastically on 1 August 2008. you understand the process fully. and while you may still have a claim , in many 2. circumstances it is not a worthwhile claim at all 1 August 2008 are probably the only improvements anymore. in terms of the law passengers now have a full claim in all types of accidents, whereas before 1.

4 In short, just like under the old system, you still August 2008, they did not. need to be not to blame for the accident before you can have a claim . The second part is to have HOW much CAN I EXPECT TO receive ? suffered a loss in the form of an injury, or a death to somebody who was supporting you. The catch, This is by nature a very difficult question to since 1 August 2008, is for it to be worthwhile answer, and even with the few days to go for a doing, you would either need to have suffered a trial or the matter is settled, there are normally really severe injury, and by that the regulations arguments between the Road Accident Fund and provide that essentially you would have to their attorneys as to what the claim is worth! have brain damage, or actually have lost limbs, or vision, or have suffered a loss of income or It is important to understand that our Medical a future loss of income.

5 This can become very Doctors guide us as to what the claim is worth complex and in the circumstances it is generally and thereafter, especially in terms of future best to consult with us. loss of income, the figures are calculated for us by actuaries. That of course is based on our Insofar as whether you are to blame or not is medical experts' opinions and the Road Accident concerned, even if you are largely to blame, Fund is entitled to, and usually does, appoint its you can still have a claim , but again whether it own medical experts who may have much more is financially worthwhile for the effort and time, conservative views and a bleaker view of your life is another question. In South Africa we have a in fact, they normally have such a bleak view legal concept of apportionment and by that we of people's lives that it astounds us that anybody mean that the blame is apportioned between could go to the Road Accident Fund, and their the parties according to case law and the factual experts, to try and do the claim themselves to circumstances of your accident.

6 What this means save money! is if you are not to blame at all, you will have a 100% claim . If on the other hand, it is decided In any event, it would require attorneys if it were that both you and the other party are equally not a complex procedure, and it is, and it takes to blame, then you will have a 50% claim . time and on the other hand, our clients don't Depending on the extent of the injuries, and the always tell us the full truth either about the injury or death associated with the accident, even accident, which affects the apportionment, or a 10% claim can be an enormous claim . about the injuries, and in the circumstances we normally find that our optimistic view of the case The current record, as many people know, is that a is normally a bit generous, whereas the Road Swiss billionaire was paid over R500 million, and Accident Fund's negative view of the case, where you could assume that even a 10% claim in those they offer R40 000,00 to somebody who has a circumstances could be a huge claim as one would brain injury, is extremely negative and as you then have a claim for R50 million.

7 Pedestrians, have read, we settled that particular case for over who often comprise as much as 35% of all R1 million or 25 times more than they tried to get fatalities and injuries on South African roads, are our client to accept! also covered as are passengers in motor vehicles, and the rules that related to passengers before 3. WHAT ABOUT YOUR FEES? WHAT CAN I claim FOR? As with all attorneys, our fees are charged on an Your claim will comprise a number of aspects hourly rate, thus the more work we do, the higher including: we charge. In some cases we may agree to work on an agreement in terms of the Contingency Past medical expenses Fees Act, but that is generally rare. Future medical expenses which are the At the end of the matter we will briefly detail estimated expenses that you will incur in to you the expenses and the money received, the future with regard to the injuries which but you may always request more details and is calculated by reference to a medico the settlement papers are obviously available to legal report by a doctor specialising in the you.

8 The statement you will receive from us is a field, and which doctor estimates what all statement in terms of Rule of the Rules of future medical costs of that particular injury the Law Society of the Northern Provinces. will be and which are then covered by what is known as a Certificate of Undertaking wherein the Road Accident Fund provides 4. certain assurances as to covering these expenses in the future, thus allowing you to submit such claims to them for their payment/reimbursement of you. In other words, no actual cash is paid to you. Past loss of earnings. Any income that you've lost as a result of the accident. This is capped to a maximum of approximately R230 000 a year, but the figure is adjusted by inflation every 3 months. Future loss of earnings which is the estimated amount of money for income that you will lose as a result of this accident in the future.

9 This is again calculated by reference to medico legal reports and your employers, as one will find for example, that somebody who has been injured in an accident is less productive than they were before, or cannot work as much overtime, or is ignored for promotion or the kind of increases that they would have got if they were not injured. This, in terms of the new legislation is the most important category. This is capped to a maximum of approximately R230 000. a year, but the figure is adjusted by inflation every 3 months. Loss of support. This would apply to cases where someone was being relied upon to support others and that particular person has died as a direct result of a motor vehicle accident. This is capped to a maximum of approximately R230 000 a year, but the figure is adjusted by inflation every 3. months. General damages which is money for pain and suffering, but which is only payable if you are held to be 30% disabled in terms of the American Guidelines, which are not only complex, but run to hundreds of pages, 5.

10 But essentially mean that without a brain This means that each time you fill up your motor injury, or the loss of limbs, you are extremely vehicle with petrol, you contribute approximately unlikely to qualify for this. The report in R75,00 to the Road Accident Fund. Thus, this terms of which the 30% is determined can insurance is probably one of the fairer systems cost up to R15 000 to have completed by a one can get in that you pay as you go if you don't medical specialist, so one does not simply drive much , you don't pay much . Pedestrians, fill it in, in every matter! who often comprise as much as 35% of all fatalities and injuries on South African roads, are also covered as are passengers in motor vehicles, HOW IS THE RAF FUNDED? and the rules that related to passengers before 1 August 2008 are probably the only improvements The RAF is funded by levies on petrol and diesel.