Thank you for completing the form for an assessment.
You have indicated that the collision was not your fault.
There are two types of damages that can be claimed from the Road Accident Fund.
Namely special damages and general damages. Special damages is actual patrimonial (financial) loss, for example past and future medical expenses and past and future loss of income.
General damages which is a lump sum payment to compensate for things such as pain, suffering, loss of amenities of life, disfigurement, etc. In respect of any accident that occurred from the 1st of August 2008 onwards, for you to have a claim for general damages you would have to prove that your injuries are serious as defined in the Act.
For your injuries to be regarded as serious, you would have to be assessed as having a 30% or higher whole person impairment score according to the American Medical Association Guidelines, alternatively prove that your injuries resulted in a serious long term impairment or loss of a bodily function or constituted a permanent serious disfigurement or resulted in a severe long term mental or behavioural disturbance or disorder or loss of a fetus.
From the information provided you would have a claim for special damages against the Road Accident Fund. We will contact you to get further information regarding any injuries suffered in order to assess if your injuries would be regarded as serious and therefore also to see if you would have a claim for general damages.
Note: Submitting this will generate an online information sheet. It does not establish an attorney and client relationship with Campbell attorneys nor does it mean you have instructed us to proceed with a claim on your behalf.