Claiming medical expenses from reckless driver? not gonna happen

[kingalton]

Hi all

 

Just a note on claiming for medical expenses from a driver which hits you on your bike.

 

long story short, I was taken out on the 15th of March while out on my bike, car came past 5 other guys behind me and knocked me off my bike, I hit the ground hard and luckily all that was broken was my hand.. I was as close as possible to the edge of the road and we were in single file, totally the drivers fault

 

the problem is I hit the ground very hard with my head, helmet cracked, cut above my eye..

 

I needed to go for xrays, catscans etc as well as the operation.

 

so the initial scans and xrays depleted my savings account and I have started receiving a lot of bills from the different doctors and hospitals for all that was done. the bills are coming thick and fast and its already amounting to over R30K. my shoulder is still very sore when I lift it at certain angles, so will need to check that out as well..

 

anyway, I claimed from the insurance for my damaged bike and helmet and all the rest and the paid out, but they don't pay for medical bills.

 

I chatted the legal people at the insurance company and I cannot by law claim and medical expenses from the IDIOT that hit me, I have to claim from the RAF... which is a massive mission and will cost me more for lawyers fees etc...

 

so this IDIOT just carries on as if nothing happens, I have to fork out thousands of rands due to his negligence.. it doesn't make sense.

I should be able to claim from the guy that hit me, HE should take some responsibility for his wrong doing..

 

see the note from the legal people below

 

As confirmed telephonically with you this afternoon, unfortunately any claims relating to injuries sustained, medical bills or loss of income as a result of a motor vehicle accident have to be submitted against the Road Accident Fund. Unfortunately in 2008, the Road Accident Fund Act was amended and this amendment dispelled of any claims of this nature that you may have against the wrong doer – in effect making you as the suffering / innocent party obligated to claim against the RAF only.

 

The only recourse we have against the third party is for costs incurred in repairing damage he has caused to property (vehicles etc). We will forward this claim to the insurers of your policy, to institute recovery action against the third party for these costs.

 

PS sorry, the long story short, became long again :-)

[DIPSLICK]

disgusting

[kingalton]

disgusting

naught bru, that deserves CAPS!!

[DIPSLICK]

DISGUSTING,,,,,SERIOUSLY SHOCKING

[gummibear]

Why do you have to claim from RAF? (claims take years and they pretty broke)

 

Isn't this why people have personal liability cover with motor insurance?

 

Hope you heal up soon.

[chaos_za]

Same happened to me, luckily i had medical aid, and i only broke my foot, so the medical stuff wasnt too hectic - was told to claim back from RAF and when i saw the piles and piles of paper work i just gave up and left it. You will also have to contact the driver and get a lot of their details for the RAF as well as all the doctors involved - maaaaajor mission, im no lawyer but i dont know why they cant just use the medical records that are there already or receipts etc..

[kingalton]

Why do you have to claim from RAF? (claims take years and they pretty broke)

 

Isn't this why people have personal liability cover with motor insurance?

 

Hope you heal up soon.

Exactly, they keep changing the laws, which in the end protect the guilty and the innocent suffer??

[kingalton]

Same happened to me, luckily i had medical aid, and i only broke my foot, so the medical stuff wasnt too hectic - was told to claim back from RAF and when i saw the piles and piles of paper work i just gave up and left it. You will also have to contact the driver and get a lot of their details for the RAF as well as all the doctors involved - maaaaajor mission, im no lawyer but i dont know why they cant just use the medical records that are there already or receipts etc..

yip, so I just need to suck it up and fit the bills - so now my next bike has to be R30k+ cheaper

[Uni]

Hey they are a bunch of legal firms that work on a no win no fees basis however I think if your claim is relatively low, they usually don't bother, a friend was recently t-boned in her car, same issue with medical fees and they turned her down, but worth a try. Good luck,

 

http://www.attorneys.co.za/CompanyHomePage.asp?CompanyID=252&sMode=C

 

http://www.onlinelaw.co.za/content/index.cfm?navID=4&itemID=8

 

 

 

[kingalton]

just a note, my medical aid only paid for the operation basically which was R8000, the rest came out of the medical savings and now my own pocket..

[kingalton]

Hey they are a bunch of legal firms that work on a no win no fees basis however I think if your claim is relatively low, they usually don't bother, a friend was recently t-boned in her car, same issue with medical fees and they turned her down, but worth a try. Good luck,

 

http://www.attorneys...yID=252&sMode=C

 

http://www.onlinelaw...avID=4&itemID=8

Yip, my wife is lawyer and she has spoken to her mates that deal with these things, they say its not worth claiming if the it isn't for a huge amount.. R30k isn't worth their while ;-(

[Uni]

 

Yip, my wife is lawyer and she has spoken to her mates that deal with these things, they say its not worth claiming if the it isn't for a huge amount.. R30k isn't worth their while ;-(

 

It really sucks when you realise you're just a commodity;(

Civil claim?

[kingalton]

I will send a lawyers letter to the guy with the expenses I want to claim from him and make a demand, it will hopefully make him sweat a little bit !!

[Uni]

I will send a lawyers letter to the guy with the expenses I want to claim from him and make a demand, it will hopefully make him sweat a little bit !!

Yeah, with your wife on your side I think you might get him to at least make an offer

[shawnvan]

If you wanted to claim directly from the driver you would need to hire a lawyer anyway.

 

Might be worth taking a chance and get your wife to write a letter of demand to the driver - you never know, he/she might be stupid and panic and pay... otherwise if he/she takes advise they will just tell you to claim from RAF.

 

No real harm giving it a try...

[shawnvan]

_{Just saw earlier posts...}