Merits for RAF claim

Question

What are my rights and procedures for road accident fund. I was stopped in a busy an I don't assume an authorised area for metro cops to be pulling off drivers. 25/02/09 @ abt 8:39am, a cop walked to centre of road signalling me to stop, I slowed, stopped and indicated to pull off. After couple of seonds I felt a bang and realised I'd been crashed into from behind. 3 cars pile up behind mine. The cop then traumatised me and shouted asking why I stopped. I said because you signalled me to. He continued shouting without checking if I needed medical assistance. Later my husband arrived and drove me to the Krugersdorp private hospital casualty for check up as I had pains. I was diagnosed with whiplash. What do I do, I think that the cop must accept responsibility it is his fault and I need to claim RAF. I have all my documents and reports of the case and hospital. Please advise

Answer

We thank you for enquiring from the Road Accident Fund.The RAF is still  operating on a fault -base system , which means that  there must be some  element of fault attributable to a  second driver . In this particular accident , despite the actions of the traffic officer , there is  some negligence from the  drivers of  motor  vehicles that were travelling behind Mrs Suliman in that :

• they  have failed to keep a proper following distance 
• they failed to keep a proper look out

as a result they collided into the rear of her motor vehicle.

Therefore on merits,  it seems the person requesting advice can lodge a claim against the RAF .

However , we need to bring to her attention that as of the 1st August 2008 the RAF Act was amended. One of the new provisions is that  ,for a claimant to be successful  for  compensation of general damages(pain and suffering ) ,the claimant must have suffered a serious injury. The seriousness of an injury is assessed in terms of AMA Guides by a  medical practitioner who is qualified to perform such assessments. The injured can still lodge for other expenses e.g medical expenses .
 
Do not hesitate to contact for any further clarity