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RAF doing claims themselves

I think that most attorneys know about the dangers of the Road Accident Fund doing claims themselves. Not a week goes by when we do not receive some or other complaint about somebody who was represented by the Road Accident Fund and whose claim was either under-settled or was told that they had not issued a summons in time.  Another common complaint is that as a result of the advertising by the Road Accident Fund complainants approach the Road Accident Fund only to be told they don’t have a claim unless they are above 30% on the AMA Guidelines.  In some of those instances the people do not have claims but in many in fact they do.  

An article on IOL News recently caught my interest and you can read the article here:    http://www.iol.co.za/news/crime-courts/man-finally-gets-r1-5m-from-road-fund-1.1638299#.UvPCjPmSx8E
The matter involves a man who approached the Road Accident Fund directly and had his case settled for R38 000,00.  He eventually heard of other settlements from other people and approached a firm of attorneys which led to them suing the Road Accident Fund.  The Road Accident Fund tried to defend the matter on the basis that a summons had not been issued in the case – which of course is ludicrous, because when they are representing the client against themselves the onus is obviously on them to issue a summons on behalf of the client against themselves to stop prescription.  If that sounds ridiculous, then it is, because the whole thought of the Road Accident Fund doing cases other than, let’s say the smallest cases for refunds of past medical expenses and undertakings, is ludicrous.  In any event, he is quoted in the article saying that he genuinely believed that the Road Accident Fund would have his best interests at heart, as this was part of his mandate and ultimately the attorneys who took over the case, and this is not a case my firm was involved with in any way, succeeded in getting him R1,5 million.

Posted by Michael de Broglio on Friday 07-Feb-14


RAF doing claims themselves

Comments

Online Marketing SEO  said...
on Monday 29-Dec-14 05:08 AM
very interesting site im glad i came across it.

Elektra  said...
on Friday 07-Feb-14 12:54 PM
This is actually such a wretched story , which happens again and again, this poor person who has been injured, with absolutely no idea of how the system works, some people are not even aware that they have a right to claim at all. Now goes to the Road Accident Fund, who in turn just dangles a nifty little amount in front of them, again this person having NO knowledge as to the real value of his/her injuries, and who obviously is not of an average wealthy nature, otherwise would have approached a specialised Attorney in the first place, jumps at the offer by the Road Accident Fund whom are only out to benefit themselves.

Melissa  said...
on Friday 07-Feb-14 11:21 AM
How can people that the RAF Attorneys will actually defend them and make sure they are paid out according to their injuries? Surely the RAF Attorneys are only going to benefit the RAF when it comes to paying out of a claim.

Lourien  said...
on Friday 07-Feb-14 10:58 AM
Unfortunately people make these mistakes and always think they are capable of handle their own matter with no experience or any legal back ground. They have to understand that going to court and defending a matter needs lots of preparation as well as evidence that needs to be collected over time, following a certain processes. Attorneys will try to settle the matter for the highest amount possible to benefit the clients injuries that has been sustained.

Jade  said...
on Friday 07-Feb-14 09:38 AM
It is such a conflict of interest for the RAF to defend a matter against themselves, especially in big matters like this one. Of course the RAF wants to save money, but surely the ethical thing to do would be to involve personal injury lawyers such as de Broglio Inc. to take over a matter that isn't merely a small case for refunding of past meds.

Thabitha  said...
on Friday 07-Feb-14 09:13 AM
Clients likes free staff that is why RAF is doing this to them and telling them stories, and again people must get more info before they make decisions because at the end of the day they run back to the attorneys when things goes wrong. Sometimes you will see people coming to the office and say this is the RAF offices but it is written with big letters outside, so this show that people are ignorant.

Angelique  said...
on Friday 07-Feb-14 08:44 AM
It's sad that people accept these offers because they don't know any better. They are ignorant to the law! People are scared of attorneys, calling them cheats - but look what happens when you go directly through the RAF. You can't possibly be represented by someone who you are trying to get compensation out of. Logically, that should make sense. Of course they going to let the claim prescribe, o fcourse they not going to work hard or worry to issue a summons against themselves! but ignorance of the law excuses no-one.

Liesl   said...
on Friday 07-Feb-14 08:40 AM
This is very debilitating but will only change once people are employed with decent work ethics and the fund managed by people with integrity, candid interest for the needs/rights of the public and apposite business skills.

Safia   said...
on Friday 07-Feb-14 08:34 AM
there is no logic in doing claim yourself with RAF as it is in their interest to pay as little as possible.they might downplay your injuries,might settle 50% merits while you might be having 100%. plus one needs specialists who will look into your injuries and see how it will effect your life, future projections and undertakings.

Bianca R  said...
on Friday 07-Feb-14 08:17 AM
This is extremely concerning, people may believe as said in the article that the Road Accident Fund had their best interest at heart however this is not the case when you refer back to the settlement when doing the claim directly with the Road Accident Fund. Unfortunately, the reality is that the Road Accident Fund, when dealing with claims directly want to settle for as little as possible resulting in them saving money. It really is the best approach to utilize an attorney that specializes in Road Accident Fund claims/personal injury as they will genuinely have your best interest at heart and they will utilize the proper resources such as case law in order to ensure that the client is properly compensated for their injuries and loss.

david  said...
on Friday 07-Feb-14 08:12 AM
if it were so easy to get a real settlement out of the RAF, there would not be specialist attorneys handling these matters. the reality is, that doing your own claim is like attempting heart surgery on yourself. while is is possible, the results are generally less that spectacular...

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