If a claimant opts to use a lawyer, the law requires that the lawyer should not charge more than 25% of the compensation in legal fees. Before this process can start the claimant and the attorney have to agree on the fees.
The Contingency Fees Act provides that a copy of any contingency fees agreement must be given to the client on the date on which such agreement is signed.
Rulashe said: “The attorney representing the claimant may recover his or her fees and disbursements based on a fee agreement or a contingency fee agreement. The use of contingency fee agreements in RAF matters is the norm. If you have entered into a contingency fee agreement with an attorney to represent you, in law the attorney may recover up to double his normal fee, but not more than 25% of your RAF compensation.
“Additionally, the attorney is entitled to recover expenses incurred on your behalf. This information ensures that you are not unfairly charged and that your attorney is incentivised to achieve the best possible outcome for you.”
She added that a claimant can also contact the RAF’s call centre to find out how much their attorney has been paid. This ensures that the claimant has full transparency in the amount of money being paid the attorney.
“It can be frustrating to not know the status of your claim, which is why you can contact the RAF call centre to enquire about the progress of your claim. This ensures that you are informed of any developments and that you can make informed decisions about your case,” said Rulashe.
According to the RAF, claims should be made within three years from the date on which the claim arose.
Who can claim from RAF:
- An injured person (except where the injured person is 100% to blame for the accident);
- A dependent of a deceased person (except where the deceased person is100% to blame for the accident);
- A close relative of the deceased in respect of funeral expenses;
- A parent or legal guardian of a minor child;
- A foster parent in respect of past medical expenses incurred by him/her;
- An executor of the deceased’s estate; and
- A curator ad litem.
The legal proceedings begin as soon as your claim is processed and the necessary documents have been submitted. The claimants may be required to testify in person as well as having motivators testify on their behalf.
Usually the legal representative will conduct the majority of the administration and presentation of evidence. However, the claimant must be prepared to appear in person if need be.
Depending on the success of ones claim, the RAF will award compensation after the judgement has been passed and any appeals process has been completed.
Although the process is largely handled exclusively by the RAF and lawyers, claimants must be willing to oblige with the RAF on any matter pertaining to a claim.
The RAF can be contacted on 087 820 1111 and any complaints can be forwarded to complaints@raf.co.za
Justice for widow caught in RAF scam
Lawyer arrested for pocketing claimant’s R760,000 payout
Image: Supplied / ER24
A North West widow got some reprieve after her lawyer was arrested for fraud after pocketing the R760,000 she had claimed from the Road Accident Fund after the death of her husband.
The Hawks arrested Emanuel Mesele Tau, 50, last month. He appeared in the Rustenburg magistrate’s court on July 24. The woman had used Tau’s services to lodge her claim with the RAF after her husband’s death
Hawks spokesperson Cpt Tlangelani Rikhotso said that in 2014, the RAF paid Tau about R763,195 but he allegedly failed to divulge this information to his client and kept the money for himself.
“In 2021, after allegedly many failed attempts to get hold of the attorney, the widow reported the incident to the police. The case was subsequently transferred to the Hawks for further probing, resulting in the recent arrest of the attorney. Tau was released onR5,000 bail,” said Rikhotso.
According to its last published annual report of 2019-2020, the RAF carried over 292 cases of corruption to the police, of which 237 were registered, resulting in six people being convicted.
Many lawyers have been caught on the wrong side of the law in the guise of helping RAF claimants. In some case lawyers have been accused of giving their clients far less than what RAF had paid out as compensation.
RAF spokesperson Linda Rulashe said the fund employs information officers at all its branch offices to assist claimants free of charge.
Robbery victim loses out on refund
If a claimant opts to use a lawyer, the law requires that the lawyer should not charge more than 25% of the compensation in legal fees. Before this process can start the claimant and the attorney have to agree on the fees.
The Contingency Fees Act provides that a copy of any contingency fees agreement must be given to the client on the date on which such agreement is signed.
Rulashe said: “The attorney representing the claimant may recover his or her fees and disbursements based on a fee agreement or a contingency fee agreement. The use of contingency fee agreements in RAF matters is the norm. If you have entered into a contingency fee agreement with an attorney to represent you, in law the attorney may recover up to double his normal fee, but not more than 25% of your RAF compensation.
“Additionally, the attorney is entitled to recover expenses incurred on your behalf. This information ensures that you are not unfairly charged and that your attorney is incentivised to achieve the best possible outcome for you.”
She added that a claimant can also contact the RAF’s call centre to find out how much their attorney has been paid. This ensures that the claimant has full transparency in the amount of money being paid the attorney.
“It can be frustrating to not know the status of your claim, which is why you can contact the RAF call centre to enquire about the progress of your claim. This ensures that you are informed of any developments and that you can make informed decisions about your case,” said Rulashe.
According to the RAF, claims should be made within three years from the date on which the claim arose.
Who can claim from RAF:
The legal proceedings begin as soon as your claim is processed and the necessary documents have been submitted. The claimants may be required to testify in person as well as having motivators testify on their behalf.
Usually the legal representative will conduct the majority of the administration and presentation of evidence. However, the claimant must be prepared to appear in person if need be.
Depending on the success of ones claim, the RAF will award compensation after the judgement has been passed and any appeals process has been completed.
Although the process is largely handled exclusively by the RAF and lawyers, claimants must be willing to oblige with the RAF on any matter pertaining to a claim.
The RAF can be contacted on 087 820 1111 and any complaints can be forwarded to complaints@raf.co.za
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