RAF claimants still wait for payouts despite court orders

A minibus taxi involved in an accident. Some Road Accident Fund claimants remain unsure about receiving money due to them. Picture: David Ritchie/African News Agency/ANA

A minibus taxi involved in an accident. Some Road Accident Fund claimants remain unsure about receiving money due to them. Picture: David Ritchie/African News Agency/ANA

Published Jul 9, 2021

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Pretoria - Despite the Gauteng High Court, Pretoria, in May giving the Road Accident Fund (RAF) a 180-day reprieve to pay claims, some claimants remain unsure about receiving money due to them.

The RAF was ordered to pay all claims based on court orders already granted or settlements reached which were older than 180 days before the end of April. This was subject to the RAF being notified by the attorneys involved that they had outstanding claims which were older than 180 days.

However, claimant Portia Segale said she had been waiting for the RAF to pay her son, who had been left mute and speechless following a car accident in 2013.

Segale said she, her husband and two sons – who were 18 months and 10 years old respectively at the time – were involved in the accident.

Following the recovery, they lodged the claims for her and the youngest son in March 2014. The son had suffered a severe head injury and needed specialised treatment.

However, she said only one payment – R1.3 million – was paid out for her claim.

She said that even though they had not specified an amount, she was relieved she had received some of the money, which she had used to purchase a mobile fridge and toilet to rent out as a source of income.

Segale, who is unemployed, said she hoped she would some day receive the money in order to pay for her son’s hospital needs and maintain him as he now required special care.

Right now she has had to rely on family members to assist where they could.

The mother said it was disheartening that she could not afford to take her son to specialists to help him cope with his disability, or a special school that he needed in order for him to develop.

“My lawyer explained the problems at the RAF, but in the meantime our lives and that of my son have been put on hold. He is 8 now, and is just sitting at home with my cousin as I can’t afford to take him to specialised schools.

“The RAF used to pay out without hassles, but now we sit for years with our matters pending, and I feel in some way that the ANC government is letting us down.”

Siyabonga Dyantyi from Germiston said he was also involved in a car accident in 2013 in which he suffered head and neck injuries that led to the loss of the job he held as an on-site technician.

Dyantyi said he lodged his claim through his lawyers shortly after the accident, with no amount being specified.

Despite his initial challenges with court appearances, he was eventually granted a court order for the RAF to pay him R185 759.07 in November 2019 for loss of income.

He said at the time, as he could no longer be on site, he was hopeful the money would be able to help him start a business or study.

However, he said years later he has received no feedback or response from the RAF about what was delaying the payment.

“I call and check with them every month, and they keep telling me that the payment has been cancelled. When I ask what that means, I am told to speak to my attorney, who keeps informing me that the payment is pending.

“I got another job, but I am still plagued by severe pain in my neck and head, especially in winter. I don’t know what is happening, but I have faith that one day they will come to their senses and pay because of the court order I have in my possession.”

Attorney JP Rudd of Adams and Adams said if the RAF failed to pay within the 180-day period, the complainant could issue a writ of execution whereby they could attach its movable assets or bank accounts to recover the money.

Pretoria News

Related Topics:

Road Accidents