A personal injury claim aims at compensating innocent persons injured in motor vehicle accidents within the borders of South Africa.

A claim may cover various aspects of compensation:  Firstly, all of the medical expenses you may incur as a result of the accident may be recovered – that is, you may be reimbursed by the Road Accident Fund for medical bills related to the accident paid by yourself or your medical aid.

Secondly, the Road Accident Fund may, dependant on expert reports prepared by Moss & Associates’ panel, award you an undertaking to cover treatment for ongoing pain, the treatment of scars or permanent disability.

Thirdly, the Road Accident Fund may award you monies lost should you be unable to work for a period of time while recovering from the injuries you sustained in the accident.

Fourth, if you are unable to work at any point in the future as a result of these injuries, the Road Accident Fund may award you a sum of money based on actuarial reports, taking into account inflation, the possibility of promotion and your earning capacity.

Lastly, you may be compensated for the pain and suffering you endured as a result of the accident – this is referred to as “General Damages”.  This amount is calculated according to the severity of your injuries and the manner in which these injuries have affected your life.


A Loss  of Support claim is a claim instituted against the Road Accident Fund that aims to compensate those who have lost loved ones in a motor vehicle accident.  The claim itself is based on the existence of a legal duty owed by the deceased ‘breadwinner’ to provide support to his or her dependents.  This duty exists between the following parties, who would have to have been maintained and supported by the deceased:

  • Spouses
  • Parents and Children
  • Grandparents and Grandchildren
  • Siblings

Claims of this nature may include the recovery of funeral costs.  Alternatively, where no legal duty is owed by the deceased to support to a party, that party may still claim for the recovery of funeral expenses, should that party have paid for the funeral.

Further, all medical expenses related to the death of an individual as a result of injuries sustained in a motor vehicle accident, may be claimed back from the Road Accident Fund.  This may include paramedic/emergency treatment costs, hospital expenses and medication.

  • The income (after tax) that the deceased would have supported the claimant with, calculated up until the applicable possible retirement age.
  • Loss of support for the deceased’s children, calculated up until the age where they would be self-supporting. This would even take into account the possibility 0f tertiary education.
  • Funeral expenses.
  • Past hospital and/or medical expenses relating to the death of the deceased.