Road Accident Fund &
Personal Injury Claims
Securing future stability through expert quantification and litigation.
At Van Der Walt & Associates Inc., we move beyond simple claim lodgement. We specialise in the complex management of Road Accident Fund (RAF) and personal injury claims, ensuring that every medical nuance and financial loss is accurately valued and legally enforced.
Our focus is on securing fair compensation that reflects the true long-term impact of your injury, preventing the risk of chronic undervaluation or indefinite administrative delays.
The Danger of Premature
RAF Settlements
One of the most significant risks in personal injury matters is accepting an early settlement offer. The RAF often provides initial offers based on incomplete data that fail to account for the full trajectory of your recovery.
A finalised settlement is legally binding and irreversible. It must provide for your needs for the rest of your life, including:
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Future Medical Care: Surgeries, therapy, and assistive devices required years from now.
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Loss of Earning Capacity: The difference between your career path before the accident and your actual ability to work now.
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Inflationary Costs: The rising cost of specialised care over several decades.
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General Damages: Compensation for pain, suffering, and loss of amenities of life (for serious injuries).
A Litigation-Driven Approach
to Recovery
We do not treat RAF claims as mere administrative files; we treat them as active litigation. From day one, we build your case to be trial-ready. This proactive stance forces meaningful engagement from the Fund and prevents your matter from stalling in the system.
Our process involves a specialised network of experts, including:
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Medical Specialists: To provide definitive diagnoses of long-term impairments.
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Occupational Therapists: To assess how your injury impacts your specific job functions.
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Industrial Psychologists & Actuaries: To calculate the exact financial "quantum" of your lost future earnings.
Specialised Personal Injury Services
in Tyger Valley
Serious Injury Claims
We represent individuals who have suffered life-altering injuries, including traumatic brain injuries, spinal cord damage, and permanent loss of limb or function.
Loss of Income Claims
We quantify your loss of income by assessing the full financial impact of your injury, including future earning potential, missed career progression, and reduced working capacity.
Loss of Support (Fatal Claims)
In the tragic event of a fatal accident, we assist dependents in claiming for the loss of financial support resulting from the death of a breadwinner.
RAF Litigation & High Court Proceedings
We manage the entire legal lifecycle, from the initial "lodgement" of the claim to High Court litigation, ensuring the RAF is held accountable to statutory timelines.
Common RAF Questions
How long does an RAF claim take to finalise?
Due to current administrative challenges and court backlogs, most claims take between three and five years. Active litigation management is the only way to prevent a claim from sitting stagnant for a decade. We prioritise keeping your matter on the court roll.
What qualifies as a “serious injury”?
Under the RAF Act, “General Damages” are only payable if your injury meets a specific “Whole Person Impairment” threshold (usually 30%) or falls under the “narrative test” for serious long term impairment. This assessment must be performed by a qualified medical professional.
What if the RAF ignores my claim?
If the RAF fails to make an offer or respond within the prescribed periods, we utilise the court system to compel them to act. We do not wait for the Fund to move; we drive the momentum through the legal process.
Can I still claim if I was partially at fault?
Yes. South Africa follows the Apportionment of Damages Act. Your compensation may be reduced by the percentage of your negligence, but you are not disqualified from claiming for the portion of the accident caused by the other driver.
Position Your RAF
Claim for Success
We provide the structured, evidence-led approach required to secure a fair RAF outcome in the Northern Suburbs.