The RAF needs a Conciliation Center where car accident victims’ claims can be resolved before they go to court to prevent the RAF’s systemic failings from harming them and causing negligence, an expert says.

Victims of road accidents in South Africa are facing unprecedented delays in compensation as the Road Accident Fund (RAF) battles serious operational and financial crises, says Gert Nel, CEO of Gert Nel Inc.

Nel says it is important to resolve claims out of court whenever possible. “The settlements, which include compensation for medical costs, lost income and general damages, provide a faster and less costly resolution for victims.

“However, the RAF frequently overlooks these opportunities, particularly in cases already on court dockets. “We recommend that the RAF consider establishing a Conciliation Center with staff experienced in handling claims, which could help reduce the backlog, alleviate judicial congestion and reduce legal costs for all involved.”

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Board Notice 271 makes it more expensive for accident victims to claim from the RAF

He says a key issue is the recent introduction of Board Notice 271 which requires accident victims to submit additional documentation, including costly medical and official reports, to process their claims.

“This requirement impacts economically vulnerable victims the most, as many cannot afford these documents, which are essential to prove their injuries and financial losses. For those who cannot obtain this paperwork, claims are often delayed or even “barred,” meaning they are invalidated due to failure to meet deadlines.”

Nel says that rather than simplifying access to compensation, the Board’s Notice 271 has so far created more barriers, increasing the financial and emotional strain on those already struggling. “Victims now face additional costs and delays making it even more difficult to receive the compensation they urgently need, contradicting the RAF’s mission to support accident victims.”

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False accusations against legal and medical professionals

He adds that false accusations against legal and medical professionals are another key issue for accident victims. “The RAF has repeatedly blamed medical and legal professionals for delays in resolving claims, accusing them of unnecessarily prolonging the process.

“However, the RAF’s current passive approach has not taken full advantage of the resources available under the Act or adopted procedural safeguards to manage claims efficiently, resulting in an increase in litigation.”

Nel points out that in many cases, securing a trial date is the only way to force the RAF to address and resolve the cases. “In fact, 99% of cases allocated for trial are ultimately settled before reaching trial, highlighting the lack of proactive case management by the RAF.

“We are still in court on a daily basis and have yet to encounter any significant attempt by the RAF to ‘develop a plan’ to reach a direct settlement and reduce the backlog of trial lists, as the minister stated in September.” .

Additionally, it says RAF delays require medical professionals to repeatedly update reports as victims’ conditions evolve, adding significant costs. “These delays in compensation negatively impact victims’ health and recovery, often postponing specialized treatment until it is too late.”

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The RAF financial crisis is another key issue

Nel says the RAF’s financial crisis is another key issue. Recent deliberations with parliament’s Standing Committee on Public Accounts (SCOPA) highlighted the worsening financial situation of the RAF, with more than R500 billion in unpaid claims.

Nel says this financial strain is crippling the RAF’s ability to provide fair compensation to accident victims whose needs continue to be neglected.

“The RAF frequently fails to send representatives to court, resulting in an increasing number of default judgments – court orders granted in favor of the claimant due to the absence of the RAF. According to the Special Investigations Unit (SIU), these default judgments cost the RAF billions.

“Policies such as Board Notice 271, refusal to pay certain court-ordered expenses and failure to comply with the 180-day payment deadline only compound the RAF’s challenges, increasing both the costs and difficulties faced by victims.” .

Nel says decision makers must recognize that, if left unchecked, the RAF is collapsing under its own pressure, creating a constantly growing backlog while the needs of the victims continue to be ignored.

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Some victims die after years of waiting for compensation

He says he has many clients, such as Ryan Aspeling, Johan Spies, Nicolaas Nel and Jonas Wilson, who share heartbreaking stories of years spent waiting for compensation, enduring untreated injuries and experiencing severe financial strain.

“Some have lost their homes, others their livelihoods and, tragically, some have died while waiting for help. Data from legal professionals across the country shows that these delays are widespread, with some victims waiting five to seven years to receive payment and some claims remaining unresolved indefinitely.”

Nel is urging the RAF to make significant changes, such as establishing a Settlement Center and reviewing its claims process.

“This crisis requires more than a financial rescue. It demands a fundamental reform in the RAF’s approach to managing claims. “Every day of delay comes at the cost of the very people the RAF is meant to protect.”