Yes, If a person is killed in an accident for which they were not wholly liable, their immediate dependants may submit a claim for compensation from the Road Accident Fund (RAF).
Who can claim?
Family members who were financially supported by the deceased can file a claim with the RAF. The person claiming must be able to demonstrate that they were financially reliant on the deceased and that the deceased owed them a duty of support.
What can you claim?
- Funeral expenses
- Loss of support
What documents are required?
Standard Documents
In order to enable Fund to effectively and efficiently administer claims, and in addition to the documentation required in terms of the Act to ensure that a valid claim is lodged which substantially complies with the Act, the following documents must be included and form part of the claim’s supporting documents when lodging the claim with the Fund: see the link for the full Road accident act https://www.gov.za/sites/default/files/gcis_document/202106/44674bn58.pdf
Standard documentation applicable to both death and injury benefits:
- Certified Copies of Identity Documents
- Accident Report Form, Case docket and sketch plan
- Power of Attorney and Contingency Fee Agreement
- Permission for the Fund to obtain and inspect hospital and medical records
- All statements and documents in claimant’s possession
- When the claimant is claiming in the capacity as guardian of a minor or for loss of support, copies of
- the unabridged birth certificate must accompany the claim form
- If it is a Curator submitting a claim, certifed copy of Court order/Masters’ letters of appointment
Funeral Claim documents required
- Death certificate
- Proof of the relationship of claimant to deceased (certified marriage certificate/ unabridged birth
- certificate/Affidavit confirming relationship)
- Post – mortem report
- A tax invoice for funeral expenses with proof of payment
Loss of support claim documents required
- Certified copy of deceased’s ID
- Certified copy of death certificate
- Curatorship: Certified copy of court order/Letters of appointment
- Certified copy of marriage certificate/certificate proving customary marriage/un-abridged birth
certificate - If not married, an affidavit setting out the legal basis of claimant’s dependency on deceased
- Deceased’s medical and hospital records, if applicable
- Specified vouchers for medical costs if claimed
- Post-mortem report/ Inquest record/charge sheet/other documents proving that the deceased
was killed in the accident - Employer’s certificate of deceased’s service showing nature of employment, the period of
service, remuneration, prospects of advancement and compensation and retirement age - Deceased’s Payslips
- Deceased’s tax records (if not available, communication from SARS that Claimant is not
registered for tax) in which case a bank statements for three years preceding death will be
required. - Proof of any additional income, if applicable
- Copy of Liquidation and Distribution account
- Copy of maintenance order, if applicable
- The child support grant official documents, if applicable
- Employer’s certificate of spouse indicating the period of employment, remuneration and
advancement prospects - Official confirmation of the Compensation Fund’s award if deceased died during the course and
scope of employment - Actuarial report
