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Mopeli & Co Attorneys: Precision in Practice.

Third Party Claims

Comprehensive Legal Assistance in Third Party and Liability Claims

Third Party Claims primarily involves litigating claims against the Road Accident Fund (RAF) for compensation relating to bodily injuries or the death of a breadwinner caused by a motor vehicle accident on a public road in South Africa. The law is governed by the RAF Act, which requires claimants to prove negligence on the part of the insured driver and adhere to strict statutory time limits and procedural requirements.

Our firm provides dedicated legal representation to accident victims, ensuring that they receive fair and maximized compensation for their losses. We manage the entire claims process, from reporting the accident and gathering necessary medical and police documentation, to quantifying damages (including past and future medical expenses, loss of earnings, and general damages for pain and suffering), and negotiating or litigating the claim against the RAF. Our expertise is focused on overcoming the bureaucratic hurdles and legal technicalities that often delay or reduce rightful compensation.

Key areas of our Third Party Claims expertise include:

  • 🔹 RAF Claim Lodgement and Management: Preparing and lodging claims accurately within the prescriptive time limits, and managing all correspondence and procedural requirements with the RAF.
  • 🔹 Loss Quantification: Working with actuaries, industrial psychologists, and medical specialists to accurately calculate claims for loss of earnings, loss of support (in fatal cases), and future medical care costs.
  • 🔹 General Damages Assessment: Securing the necessary Serious Injury Assessment Reports (the RAF 4 form) from specialists to meet the threshold for general damages (pain and suffering).
  • 🔹 Negligence and Merits Investigation: Investigating the circumstances of the accident, securing police reports, and ensuring the negligence of the insured driver is legally established.
  • 🔹 Litigation and Settlement: Representing clients in pre-trial settlements and, when necessary, litigating the matter in the High Court to secure a just outcome.

Strategic Advantage in Third Party Claims

Our strategy is to apply specialist medical and legal knowledge to maximize the compensation amount while proactively managing the procedural requirements and timelines of the RAF Act.

  • 🔹 Specialist Medical Network – We utilize a trusted panel of top medical and actuarial experts to provide reports that accurately reflect the full extent of current and future damages, maximizing the quantum.
  • 🔹 Procedural Compliance – Our meticulous attention to the strict timelines and mandatory forms required by the RAF Act ensures that claims are not rejected on technical grounds.
  • 🔹 Securing Undertakings – We prioritize securing Section 17(4) Undertakings from the RAF to cover future medical expenses, guaranteeing lifelong care for the claimant.
  • 🔹 Efficient Resolution – We actively manage the claim through the courts, utilizing pre-trial processes to push for early, satisfactory settlements, avoiding unnecessary delays for the victim.

Related Blog Articles

Third Party Claims are highly technical, requiring precise procedural steps, strategic legal positioning, and a clear understanding of the legal grounds for establishing the claim.

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OUR APPROACH

Our process prioritizes clear communication, meticulous planning, and unwavering commitment to our clients’ best interests from inception to resolution.

01

CONSULTATION

Our initial step involves comprehensive consultations with our clients, where we attentively listen to their concerns, objectives, and desired outcomes.

02

Strategize

After gaining insights from the consultation, we meticulously analyze the legal landscape surrounding the case, identifying potential challenges, opportunities, and the most effective courses of action.

03

Take Action

With a well-defined strategy in place, we proactively move forward by taking decisive action to advance our clients' interests.

Mopeli & Co Attorneys: Precision in Practice

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