Attorney Michael de Broglio on: South Africa, Law, Politics, Attorneys, Sport, Photography, Technology, Gadgets, Media, Crime, Road Accidents Fund,
Divorce, Maintenance, Personal Injury, Medical Negligence
The Road Accident Fund is on a campaign at the moment to try and get more people to lodge their claims with them directly. Partially this is because, as some of the representatives have impliedly told Parliament before, people who go to court typically get more money than people who don’t, but I think it is important to give some perspective as to some of the offers made by the Road Accident Fund that my firm has come across and what we ultimately obtained for clients, so that people understand the savings you make by not having an attorney are not real and that you cannot save money by getting 100% of R366,000 compared to, at least, 75% of R3 million. That is an actual example of a case where one of our clients was, after approaching the Road Accident Fund directly, encouraged to accept an offer of R366,000 after spending a month in hospital. We have an advocate’s opinion who says that the case is worth R3 million and that the offer borders on the unethical. Even if one takes a conservative approach and says it is only worth half of what the advocate says it is, it is still worth about 5 times what the Road Accident Fund has offered.
Another client of ours was told by the Road Accident Fund that she has no claim. We took the case to court and settled it for R200,000. That’s R200 000 for a “no claim” according to the RAF staff.
Yet another client of ours was given an offer by the Road Accident Fund and was indeed paid out for his general damages. They did not tell him, because he will never work properly again, that he was also entitled to compensation for loss of income. Since we sued the Road Accident Fund for their under-settling this client’s case they have already paid out an interim amount of R600,000 or so and we feel that the balance of the case is worth another R1,5 million.
In other matters the Road Accident Fund has filed documents in court, and you can read the documents here (http://accidentclaim.co.za/_docs/RAF_plea_dont_help_clients.pdf) where they have said that all members of the public who approach them directly are told that of course the Road Accident Fund cannot represent them and themselves at the same time and it is impossible for them to wear two hats and play those two different roles. That is not actually though what they say in the media – where they say the opposite and say you can save a lot of fees by approaching them. In court papers they say that if you approach them directly you are doing the case yourself, you are responsible for it and you have to make sure that no mistakes are made and you have to make sure that your case proceeds successfully – which would in most cases include issuing a summons yourself. How many people would approach them if they publicise that in their town hall meetings as well as publicity?
The bottom line is, if you approach the Road Accident Fund directly, you may well save on legal fees, but if your case has any value to it you may be so considerably under-settled that any saving you get on legal fees will be a fraction of what you have just lost by not approaching an attorney. Before you finalise any case with the Road Accident Fund, go to a reputable attorney and get the offer checked, because you may just discover that you are absolutely being taken advantage of.
Posted by Michael de Broglio on Wednesday 23-Nov-16
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Comments
Melissa P said:
on Tuesday 29-Nov-16 08:53 AM
My family experienced this first hand when my grandmother was involved in a accident and the RAF approached her directly. Knowing what I know now since working at De Broglio he claim is by far undersettled. The RAF put themselves before the person involved in an accident which is the other way around when attorneys help you fight your claim against the RAF.
SAlly said:
on Friday 25-Nov-16 04:52 PM
I agree with David, people study and specialize in a specific field for a reason. I further agree with the article, the legal fees you save by going to the RAF directly is not worth saving as the amount of money that you will get from the RAF is not even a comparison to what the attorneys specializing in this field will get you and what you really deserve. I will advise nobody to go to the RAF directly.
Brenda van den Bergh said:
on Friday 25-Nov-16 04:50 PM
A person will always like a sugar coated response and that is exactly what the Road accident Fund offer. The Fund leads someone to believe that their claim will be dealt with much faster and they will be compensated for their pain and suffering quite quickly. But what they fail to mention is that their settlement will be minimum i.e. when your claim is worth 1 million for example, they will only pay out R200 000.00. It is a win for the Fund and huge loss to the public.
Therefore, it is imperative that members of the public understand how important it is to rather get an attorney involved as their compensation will be more precise and they will get what they actually deserve.
Cornelie said:
on Friday 25-Nov-16 04:41 PM
I would not advice the public/clients to go to the fund directly they do under settle and most of the times loose the documents. It is better to have a legal time behind you that know what they are doing and settle the claim for what it is worth.
Zanell said:
on Friday 25-Nov-16 02:02 PM
It's disgusting how much they offer people who go directly to the Fund. If the fund is so concerned about saving money why don't they give us offers before we go to court and stop wasting so much money on legal fees.
tamzyn said:
on Friday 25-Nov-16 08:25 AM
I just feel sad for the people who are going to be tricked into accepting a pittance from the RAF as they do not know the true value of what they should be receiving. And this small amount will have to, in some cases, see them through their entire lives as they can no longer work.
Prishani said:
on Thursday 24-Nov-16 05:13 PM
I agree and I believe that every person has the right to an attorney and a legal representative, these are the professionals who will have the clients best interests at heart. It is comforting to know that such an important claim/aspect of your life is being dealt with properly and correctly. Sometimes it isn't worth saving that little bit of cash that you would've otherwise spent wisely on fees of an attorney.
Tamaryn M said:
on Thursday 24-Nov-16 12:36 PM
Of course a member of the public with no legal background will be taken advantage of if they approach the RAF directly. It's an unequal power play - the RAF knows better and the lay man knows nothing at all about the merits or value of their claim. In any situation like that - one person will come off second best and in this scenario- it will be the member of the public. When I am asked by anyone whether they should represent themselves in any legal matter my answer is always the same, would you remove your own appendix?
Helen said:
on Thursday 24-Nov-16 10:20 AM
As the government institution Road Accident fund wasting of majority people's time. I would myself never advise anyone to approach directly RAF and lodge their claims themselves, Like Joyce said, people who does not trust attorney and stingy to pay attorneys fees does not get far lodging their claim themselves, plus have to face numerous expenses before getting some kind of result or even not getting result at all. I would say that idea of creating this fund for people in South Africa is brilliant, but it is very sad that RAF does not provide to people necessary care and honesty as per legislation in the country. TV/ Radio/ Newspapers should shout to all in South Africa to go thru Attorney, only one way to get great results and desirable settlement to approach professionals in the legal field!!!!
Liesl said:
on Thursday 24-Nov-16 10:07 AM
I think it is good that firms like ourselves educate the general public that following the route of legal representation is better otherwise they will be none the wiser. Law firms should fight back as the RAF is by no means competent and definitely does not have the public's best interest at heart
Lucretia said:
on Thursday 24-Nov-16 09:02 AM
I have to agree with David's comment and the sooner the public understand that going threw an attorney is in their best interest the better. The sad thing is, there are people who are easily led to believe that attorneys actually want to do it for the money, what the public don't understand is that attorneys fight for their client's rights.
It is difficult to educate those who do not see the bigger picture and want a payout quickly.
Ashleigh said:
on Thursday 24-Nov-16 08:28 AM
Of course they will tell the clients to claim directly, it saves them so much more work and money than making sure all aspects of the clients injuries and finances are covered. Attorney's may take some money from the clients claim for their hard work but Attorneys make sure that the clients get what they deserve for what they have been through or will still go through in life due to the accident. Well some Attorneys that is. I've heard a lot of stories where Attorneys also think of themselves and do not care for the clients and worry about their own pockets. I think clients do not really know where they can turn to themselves sometimes. Our clients are really blessed with the knowledge of knowing that we care for them and what they have been through and their future.
Tersia said:
on Thursday 24-Nov-16 07:43 AM
I also agree that you should not claim directly from the RAF. I cant even think why anybody would go to them directly with all the adds on the Radio and TV of different Attorneys advertising that they will help. I think people are afraid of Attorneys - as when I spoke to someone yesterday over the phone and advised him that I am from Attorneys he immediately said that we only want money - that is how Attorneys are seen by the every day person. That is very sad as people deny themselves great results.
Henrietta said:
on Wednesday 23-Nov-16 04:21 PM
This is just sad and there are a lot of people who goes to the road accident fund directly and will never know what their cases were actually worth. I will advise everyone I know who was in an accident not to approach the road accident fund directly, it is kind of like the Road Accident fund rips people off.
Melissa said:
on Wednesday 23-Nov-16 02:27 PM
It is better to claim through an attorney, the RAF doesn't care about your injuries sustained and they will pay you far less than what your claim is valued for.
Brenda Du Toit said:
on Wednesday 23-Nov-16 01:40 PM
I Agree to Claim directly with the Road Accident fund is not a good idea they don't care about your Interests and they under settled matter . Road Accident Attorney will always go the extra mile to help client with they Injuries. Its seems to me all the Governments companies don't care about clients and their needs.
Jessica Apfel said:
on Wednesday 23-Nov-16 12:48 PM
It seems that they are steering the RAF into the direction of the CCMA or rather the WCC? Whereby attorneys have no place... the court documents are poorly drafted and it is simply an indication of the kind of service that clients would recieve should they approach the RAF directly. The RAF evidently are aware of the fact that these people are vulnerable and unaare of the benefits that litigation can actually bring. Although there may be some risk they are guided and their best interests are safeguarded.
Michelle said:
on Wednesday 23-Nov-16 10:50 AM
I think with De Broglio`s good adverts everywhere people will know not to claim direct to the RAF. My logic says if someone owes you money and they can choose how much to pay, they will obviously pay less than what's expecting of them. I agree with everyone rather let professionals handle a job they do everyday.
Angelique P said:
on Wednesday 23-Nov-16 10:27 AM
Clients must go to attorneys in the first place. Attorneys know what they are doing they studied for it. Of course the RAF will say you must do your own claim because they know you will just be happy for the little bit of money they offer you.
Imagine you settle for R 300,000.00 and your claim is worth 3 million.
I just think its better to leave it in the hands of the professionals.
Mathilda said:
on Wednesday 23-Nov-16 10:24 AM
I agree the RAF under settle peoples claims and also they are very quick to say that the person does not have a claim without investigating.
I feel sad for the people who went directly through the RAF and properly were under settled
I hope we can get through to the public that they should rather do their claim through an Attorney
Latoya said:
on Wednesday 23-Nov-16 10:04 AM
The Road Accident Fund under settles peoples matters its like they don't think about the persons injuries or future loss of earnings,They more interested in the money and settling less than usual. A lot of people go to the RAF thinking they will get the process going quicker cause of the money.People usually say going through an attorney is expensive and the wait is too long but to be honest you get treated better were people care and look out for your best interest you get regular feedback regarding your matter and also you get the settlement you deserve the wait will be all worth it in the end.
People don't understand that such things have processes, It is very frustrating waiting and waiting traveling to all appointments its only beneficial to your matter , Even the specialists treats our clients like family cause "IF ITS NOT YOUR FAULT IT SHOULDNT BE YOUR PROBLEM'
Jolene said:
on Wednesday 23-Nov-16 09:40 AM
I have to agree with Angelique how can the RAF act on behalf of a client as well as against a client, it is not possible to stay objective in a situation like that. Everyone is entitled to legal representation the RAF should not inform people to not make use of attorneys. Yes we take a percentage of the claim but we make sure you get the best settlement possible. The RAF take years to settled these claims if attorneys doesn't intervene the timeframe and settlement amount will change dramatically. The RAF take advantage of people who doesnt know how these claims work.
Nina said:
on Wednesday 23-Nov-16 09:10 AM
It is sad to think that the RAF is actually trying to convince the public to approach them directly just to offer them a fraction of what their case is worth in order to get rid of them. I really hope that people actually considering this, will first do some research and make a more informed decision.
Sinead said:
on Wednesday 23-Nov-16 09:02 AM
Clients really shouldn't go directly through the RAF. Similarly, the RAF shouldn't be approaching clients directly because we see how they under value and under settle big claims.
The public just needs to be aware of the attorneys' fee structure because they are actually clueless - thinking attorneys will rip them off. It is much better to go through an attorney because they know what they are doing and they really do have the clients' best interests at heart.
Daniella said:
on Wednesday 23-Nov-16 08:58 AM
I don't think anyone should claim through the RAF directly as they dont have your best interest. They are trying to save money as no doubt they will always under settle.
Kaylee said:
on Wednesday 23-Nov-16 08:51 AM
There is so much truth in this blog article. I even remember one of the first cases I ever did for the firm where our client was offered R30 000.00 directly from the Road Accident Fund and we settled the case for R750 000.00. The truth is the only reason why the RAF would approach you directly is to save them costs and under settle the case. The cases are not investigated properly and you will not be fairly compensated.
Catherine said:
on Wednesday 23-Nov-16 08:47 AM
The RAF is trying to capitalize on the ignorant people and especially those of the school of thought that Attorneys are there to short change of their money. It's not fair for the RAF to say one thing in their court papers and the exact opposite to the public as this is misleading. This is another reason why government institutions cannot be trusted.
charlotte said:
on Wednesday 23-Nov-16 08:41 AM
I totally agree to claim directly from the RAF is not wise. The Fund tries to settle matters for far less than what the client's are entitled to. Client's are being deprived from a possible good claim if they go to the RAF directly.
Lourien said:
on Wednesday 23-Nov-16 08:38 AM
You simply cannot go to the RAF directly, they will try and limit your claim on every single chance they get, the reason they want people to claim from them directly is to reduce the total amounts claimed due to road accidents that occur.
The question you need to ask is why do they actually have to defend a case against attorneys when they can make a proper offer, if the RAF offered settlements that was high enough every time they would not even need to go to court.The main thing everyone needs to realise is that attorneys try and settle the matter as per what is due to the claimant, which is much higher than what the RAF feels is necessary, if the RAF made an offer that was high enough every time then attorneys would not be needed in the first place, but the fact of the matter is that the RAF always makes low offers that are not sufficient .
Jessica M said:
on Wednesday 23-Nov-16 08:37 AM
I am busy with a termination of mandate for the RAF who have offered our soon to be client R 200 050.00. However it's been 3 years since the accident, he still has to use a crutch to walk, there is notes on a potential head injury and nerve damage. Also he has lost out on income and has been let go (he was asked to take early retirement). He still limps and lives off pain tablets. He has high medical expenses too. They really do try do the people in.
Bianca said:
on Wednesday 23-Nov-16 08:31 AM
The Road Accident Fund are praying on the individuals that are not informed of the correct procedure involved in claiming from the Road Accident Fund and they pray on individuals that do not have knowledge of exactly what they are entitled to be claiming. I have heard of a lot of people with claims being grossly under settled by the Road Accident Fund, the fund is quite happy to offer as little as possible and if the client is not aware of their rights, they are going to accept a pitiful amount and not even know the difference until they are informed that their case has been under settled. I certainly hope that people do their research and find that it is always better to institute action against the Road Accident Fund through an appointed attorney, we are highly experienced in the field and will always ensure that clients are adequately compensated for their injuries and loss.
Clare said:
on Wednesday 23-Nov-16 08:25 AM
I actually think that Government owned placed like the Road Accident Fund or SARS there is always some issue or Lies around you cant trust anything that is Government anymore... And the sad part of it is we the people pay for it... So tired of the lies of the Government and how they take advantage of the people.
Natasha said:
on Wednesday 23-Nov-16 08:25 AM
The RAF thinks they will get more clients if the tell them that they will save money by going to them directly but in the mean time its a scam because the RAF knows they can get a lot more for their claim with legal advise then when they come directly to them. They just want to keep the money they don't care if you lost an arm or lose income.
Alexis said:
on Wednesday 23-Nov-16 08:25 AM
I agree with what is said. And it is so true that although you may 'save' going through the RAF directly - the amount that an Attorney can get for you is a lot more - so yes - 100% of the bear min or 75% of a lot more. I think that I would rather do it properly.
Sarah said:
on Wednesday 23-Nov-16 08:23 AM
The Road Accident Fund Claim doesn't want to give a lot of money out, which is wrong cause the clients don't get what they deserve for their injuries. Its like they cap the payments. They dont seem to care about the client injuries.
Johannesburg based attorney specializing in personal injury matters including Road Accident Fund claims and medical negligence matters. My interests include golf, reading and the internet and the way it is constantly developing. I have a passion for life and a desire for less stress!
