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claim against road accident fund for cycling accident


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Posted

Hi all,

 

this weekend on my traing ride, a stupid pedestrian (without looking), stepped into the road , and we collided.

 

I would like to claim for my medical expenses from the raf ?

 

Has anyone here done it before ?

 

what steps should be followed ?

 

raf

Posted

I stand corrected,but a motor vehicle has to be involved to claim from RAF.I had years of hassles when i was in a hit and run accident.I had to prove that i was hit by a car and not just fell on my own.

Posted

I will give some of the experts a call.

 

The worst part is broken elbow: described as impacted fracture with minor angulation at the radial head. (also injured wrist and hand, and twisted bicep muscle, a little shoulder damage as well.)

 

I have medical aid, but it covers only in hospital costs.

 

I would like to claim back anything not covered by my medical aid. (which is my self-insured part of the claim)

 

Interesting that the trama unit had a few other cyclists on the day for various falls.

 

Pedestrians are very dangerous, especially the ones that cross the road without looking . I am sure this is why we have so many pedestrian deaths in this country.

 

Anyone have a radial head fracture ? what is the healing time ?

Posted

Hi, Done that and it aker ages and they need a lot of witnesses etc. In the end just forget it.

 

I finalised a claim this year without any witnesses. They took the records of the ambulance that responded and the medical records from the hospital's trauma unit as evidence. However, the did give me a 80/20 settlement, meaning I accepted that I could be partially to blame or could've done more to avoid the accident. It was better than trying to find an available high court judge to hear the case - there's a shortage apparently. The payout came fairly quickly, but I am yet to receive the full amount, and the bill of costs hasn't been worked out.

 

The case reached the high court four and a half years after the accident.

Posted

I have a claim dating to 2008 which is still no where near completion and then most of the costs if the claim is successful will go to my medical aid and the lawyers, fortunately the lawyer only gets paid if the claim is paid.

 

Its a long and frustrating process, the RAF lawyers will drag it out, postpone, reschedule i.e. use every stalling tactic they can.

Posted (edited)

Yeah, its going to irritate you more than satisfy you. I stand corrected but I think the new rules relating to claims on fund have a minimum and a maximum sum you can claim - I think you will be disappointed, but its probably best to go see an attorney who specialised in this, a half hour appointment there is going to be worth its weight in gold when you see the paperwork.

Edited by GrumpyOldGuy
Posted

I would like to claim back anything not covered by my medical aid. (which is my self-insured part of the claim)

 

Does the pedestrian have insurance,you might be able to claim from him/her.

Did you report it to the SAPS?

Posted

I stand to be corrected but i think the RAF only pays out now if you are permanently injured/disabled, like if you lose a arm or a leg or something like that. However i am not totally sure about this.

Posted

I stand to be corrected but i think the RAF only pays out now if you are permanently injured/disabled, like if you lose a arm or a leg or something like that. However i am not totally sure about this.

 

Nope. All I lost was 13 teeth.

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