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
We get a lot of queries, each and every day, about whether a person has a claim or not in terms of the new Act which came into effect on 1 August 2008. The judgment of the Constitutional Court is expected shortly, and we will then have clarity on most of the issues but if the law remains as it is, the reality is that most people do still have claims but their claims are not economically viable.
In other words, if they are no longer going to get money for pain and suffering, it really would not make sense to sit filling out forms with an attorney for 2 hours to recover a R50,00 hospital bill or R300,00 in private medical expenses, and so while technically speaking, you still have a claim, you don’t have a worthwhile claim in most instances these days. Serious injuries, in terms of the new Act, involve injuries with an amputation above the knee or the elbow or the loss of an eye and apart from that, generally the only worthwhile cases are loss of support cases, although there will be no claim for pain and suffering, there is still a claim for loss of income. You can read a lot more about claims on my firm’s website at www.accidentclaim.co.za .
Posted by Michael de Broglio on Tuesday 23-Nov-10
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Comments
Judith said:
on Monday 13-Jun-16 01:46 PM
My dad has died over 20years now and with less knowledge of Raf my didnt know about it so I dont know if I can still claim or not
Lauretta said:
on Saturday 28-May-16 04:15 PM
My husband was involved in a car accident on the 27may 2016 @ church street (WF Nkomo) .a quantum taxi hit his car whilst he was standing on a robot.his leg was swollen and he cried of a terrible headache.does he have a claim?
Issac seleke said:
on Monday 25-Apr-16 01:02 PM
Hi my 4years old boy got hit by a car on the road but he not broken only head injury and a foot pain so can I claim
avish said:
on Monday 01-Feb-16 07:05 AM
Hi
my dad dies 28years ago in a car accident, can I claim for RAF?
Beauty said:
on Tuesday 30-Jun-15 01:09 PM
Hi michael,i am 27 my lil bro is 24 and my elder sis is 32 my mom died in an accident 3years ago, i want to know if i can claim for road accident fund.
Lindiwe said:
on Friday 10-Oct-14 03:32 PM
Sorry my accident happened this year 18-02-2014
Lindiwe said:
on Friday 10-Oct-14 03:29 PM
Hi! I had an accident on my way to work, as I was traying to cross the road the hit me and I fell down, my shoulder was dislocated and I had few scratches on my face, so I would like to now if I can claim if yes, how can I claim and where, thanx please answer me on my email.
Stephanus Vorster said:
on Friday 12-Sep-14 08:01 AM
Morning, I was invoved in a accident on the N3 highway on the 3rd Sep 2014. Two vehicles drove into each other and the one bumped into me causing whiplash to myself. I had a neck operation on the 2nd April 2014 causing my neck to be hurt again continuously. Is there any way that I can log a claim and who must be hold resoosible. Will forward you all the mails ect. Would the road accident be liablr for my pain and discomfort or the road accident fund.
Engela said:
on Thursday 26-Sep-13 10:39 AM
Good day Michael,
Had a major accident x-mas day 2002 in which i lost my mother. My son was also in the car.
2003 my claim was handed over to Ronald Bobroff attorneys.
Been to see several doctors over these years and some of them twice.
I had major lacerations, concussion and dislocated shoulder & the terrible loss of my mother.
Our whole life fell apart after accident. Even took a sabatical in 2002.
Aftee all theae years my shoulder healed quite a bit and lacerations doesnt look so new anymore.
They used reports fCourt dates has been rescheduled and at last this year 2013 in May our case has been settled out of court.
I received R10k four weeks ago from settlement amount of R120k. My son has received nothing as yet from his settlement amount of R150k.
According to Ronald Bobroff attorneys their tax consultant has to go to court to do a tax contingency on the money then he resubmit file to them and then they have to send it to SARS and then only afterwards my money will be paid out.
Ronald Bobroff attorneys has already taken their costs from my settlement amount.
Tax consultant had a court date apparently 20th September but didnt feel like working that day and didnt go to court.
I am unemployed at the money and really need the money to keep roof over my and my sons head.
Is that really the process they have to follow as I don't know which story to believe from them anymore.
I will really appreciate if you can contact me urgently regarding my query.
Kind regards,
Engela
Cell: 083 667 2976
Michael de Broglio said:
on Wednesday 08-Aug-12 08:21 PM
Hi
The best way to contact us is via email to info@onlinelaw.co.za or via 0800 ACCIDENT as you have not left contact details.
veena maharaj said:
on Friday 04-May-12 03:34 PM
i do hope that i will get a response to my query as i have found your articles quite interesting
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!