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Posted

I was involved in a cycling accident on the 26th of January. I was hit by a motorist and spent 5 days in a coma and a month recovering in hospital after 3 operations, and only returned to work last week after spending much time at home getting better. I will need another op. sometime in the future to remove plates. I will not be able to ride a bicycle for at least a year according to the doctors.

What I would like to know is what can be done to get back what the medical aid don't cover and damage to my bike or anything else I can claim for. BTW I have been referred to Attorneys regarding a road accident claim, but have been informed by them that there is no guarantee that I have a claim????

The Women driver involved has no insurance and constantly pleads poverty, regardless of the fact that she drives a 2009 325 BMW.

Anyone been in a similar situation and could share their experience regarding an accident claim would be much appreciated.

Posted (edited)

You must claim from the road accident fund. People like de broglio attorneys will do it for free (they do take a percentage of the paid out claim) But its no risk to you if the claim is unsuccessful. That will take 4-5 years give or take. Thats how long our car accident took to pay out. Did she admit to be at fault on police report? If so, a civil case would surely be not too difficult, but would take some upfront capital. Have that beemer repo'd and paid out to you for nice new bike! Anycase good luck

Edited by Black Widdow
Posted (edited)

Disgusting that the woman did not have insurance, I had 3rd party on my 1970 Beetle! They need to make everyone have insurance and then our premiums would hopefully come down.

Edited by Mojoman
Posted

See a good MVA attourney and see what they say about your claim.

You could try and claim from the driver of the car...let the court decide if she is broke or not.

 

I waited 6 years for a MVA claim and it was only settled when it went to the High court.

Guest Frail4Life
Posted

Hello

I had an accident in April 2008, my Case is with attorneys who state I have/don't have a case with RAF.

Biggest mistake ever.

 

Look at getting your own Attorney.

Witnesses need to make an Statement at the Police Station. Try and get contact with the Ambulance Crew who dealt with your Emergency. They may have some info or details from people.

You say you need more Op, have your GP refer you to a Specialist who can examine you and detail your Injuries and possible Recovery time period( neccesary expenditure).

Collect all expenditure statements.

 

My Attorney can not decide how much he should claim for, different Courts have a total that can be Claimed for.

High Court X amount.

Magestrates Court Y amount.

 

This will take a very Long time to even GET to Court.

Posted

I do have 2 eyewitnesses, I tried to get them to come with me to the police station for a statement, but there is allways a issue, so what I have done is I got the form from the cops and willl let the eyewitnesses fill in the details at their home(hopefully)and then try and get them officialy stamped by the cops, fingers crossed.

Posted

A proper RAF attorney should settle the whole thing within MAX 3 years, (more like 2,5).

 

The main reason for this taking so long is all the red tape that you have to go through iin re to the law. And on top of that - the normal wait for a court date is more than a year.

 

If your claim is more than R100K then you will be in the High Court otherwise you are in the Mag Court. The last one is little bit quicker - plus minus 6 months

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