Claiming from the RAF

Random Hero

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Has anyone ever claimed directly from the RAF?

I was in a big accident in March and have made some posts about it. however, I am also retrenched now.
I want to know what the benefit is of of allowing a lawyer to do the claim, and doing it yourself?

Thank you!
 
Have a lawyer do it for you. You cant afford mistakes on this. Just my 2c.
 
Agreed get a lawyer who will do it on a contingency basis. Only paid if successful claim
 
I would go it on my own. Lawyers are going to take a big cut of your award. And it is not like a lawyer will secure you any better a deal than the tariff amounts.

RAF only pays for serious injuries. Make sure you have all the necessary medical reports as proof of your injuries.
 
I would go it on my own. Lawyers are going to take a big cut of your award. And it is not like a lawyer will secure you any better a deal than the tariff amounts.

RAF only pays for serious injuries. Make sure you have all the necessary medical reports as proof of your injuries.
The RAF has limits on how much is paid to lawyers.

Gone are the days when lawyers fleece victims of their claim, if they do they get disbarred.
 
If your medical aid has paid for most of your treatment, then ask them for their list of attorneys.

Following my accident (minor injuries), I was advised by my medical aid that I could pursue a RAF claim, and they have a panel of attorneys who can assist. I agreed to have one of their attorneys contact me. (Note that some medical aids require you to submit a RAF claim)

I was contacted by a law firm (based in JHB and I can PM you the details) who were asked by Discovery to contact me and they were 100% professional and got all my medical expenses (including my out of pocket expenses and MSA expenses) recovered from the RAF. I wasn't eligible for any "general damages" (pain and suffering) as my injuries were classified as non-serious as defined in the legislation, nor was I eligible for any loss of earnings as I was granted paid leave (a combination of special and normal sick leave) from work.

My experience was as follows:

1. Met with my appointed attorneys for the initial consultation (~2 hrs) with some email follow-ups following the consultation to get more info from me. I had to sign their fee agreement (contingency based) which was in line with what the act allows for, and gave them authority to obtain all my medical information.

2. They got all the medical and account information from hospitals, doctors and allied professionals, pharmacies and the medical aid. They also got the accident report forms from SAPS. They completed the claim forms and they initiated the legal process.

3. I had to attend a series of medical examinations (Orthopaedic surgeon with new x-rays and occupational therapist) as arranged by the attorneys. All arranged within +-4km of my workplace so I could do it during the work day.

4. Once a court date was given, the RAF requested that I avail myself for examination by their appointed medical practitioners at times which they arranged (again, Ortho surgeon with new x-rays and OT but this time also a psychologist). This was probably the most inconvenient as they arranged for Ortho and OT in Pretoria and a Psychologist in Springs (and I'm in the west of JHB). My lawyers advised that I can request closer appointments and to reschedule to suit me, but this gives the RAF reason to request a postponement in court and can contribute to further delays in settlement, so I took leave on these days and went to the appointments (fortunately the Ortho and OT were on the same day).

5. I was asked a week before the court date to meet with the advocate at the attorneys offices to prep for the trial. I was guided on what he would ask and what they were likely to ask. I was given a stack of documents with all the reports (both from RAF medical team and my medical team - there wasn't much to separate the reports so I guess there was nothing really in dispute medically), and my medical records in case I needed to refer to them while in court.

6. On the afternoon of the day before the court day, I got a call from my attorneys saying they've received a settlement offer for 100% of my medical expenses, costs (for the lawyers and doctors) and an undertaking for all future medical expenses. I obviously agreed to the settlement as it was 100% of what I claimed.

7. I received my "undertaking" document a few months. The attorneys paid 100% of the medical expenses recovered back to Discovery who reinstated my MSA as applicable and then paid the out of pocket expenses to me. The attorney's invoice and "my" doctor's accounts (the ones my attorney arranged) were paid from the settlement as well.

I've had subsequent treatment, but when I went to the RAF to get claim forms and ask about the procedure, it seemed like a mission (they were very helpful, but they more-or-less said I must pay cash upfront and claim back*) so I just had my medical aid pay from the in-hospital benefits and day-to-day benefits as applicable without further claiming from the RAF.

* this wasn't the only option, but it was only one that made any sense to me.

I hope this help. My advice, having gone through the process myself, is 100% to use an attorney especially if there is any chance your injuries are "serious" as defined in the legislation and/or you qualify for other benefits (eg. loss of earnings)

Was the process worth it? Definitely! The refund on my MSA and out of pocket expenses more than made up for the inconvenience of lawyers, doctors, Springs(!) etc. It would be even more worth it if you are claiming general damages and loss of income.

Good luck, and speedy recovery!
 
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Wait if your medical aid covered you, what exactly are you claiming from the RAF for? You're aware they are broke right? If you do get anything it maybe in 3 years time. A colleague of mine had an accident in 2011, he was only paid out towards the end of 2014.
 
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