Third Party Claim

An example of a third party claim is a claim by a person, or the dependants of a person, who received a bodily injury or who died as a result of a motor vehicle accident caused by the negligent driving of a motor vehicle.
Third party claims are made to the Road Accident Fund, which then automatically steps into the shoes of the negligent driver who caused the accident and pays the injured person for any injuries suffered.

Who can claim compensation from the Road Accident Fund?
You can claim compensation from the Road Accident Fund if:

• You are injured as a result of a motor vehicle accident caused by the negligent driving of a motor vehicle driven by another person;
• You are the dependant of a person (the breadwinner) who was injured or died in a motor vehicle accident caused by the negligent driving of a motor vehicle by another person.
• You are a close relative of the deceased in respect of funeral expenses
• You are under 21 years but you must have the support of a parent or legal guardian

You can claim if you were involved in an accident as a driver or a passenger in a motor vehicle or motorcycle, or if you were a pedestrian.

However, you will only get money from the Fund if you did not cause the accident. If you and the other driver were equally to blame for the accident, you will only be paid half of your damages. In the event that both drivers were negligent then the Fund will take into account the Apportionment of Damages Act (No 34 of 1956). This Act allows the Fund to divide (also called apportion) the compensation so that it is a just and equitable amount that is awarded to the injured party.

If the accident was caused solely by your own negligence, you will not be entitled to claim from the Fund. This includes accidents where you were the only person and vehicle involved, for example if you drove into a pole.