Direct Answer
As a passenger in a minibus taxi involved in an accident, you can claim from the Road Accident Fund (RAF) for injuries — regardless of fault. The taxi driver (or owner) may also be personally liable for negligent driving. You must claim within three years of the accident.
Common Questions
Frequently Asked Questions
Can I sue the taxi owner personally for my injuries?
Yes — in addition to the RAF claim, you can pursue the taxi owner and driver personally for damages under the actio legis Aquiliae (Aquilian action) if the RAF does not fully cover your losses.
What if the taxi was unregistered or uninsured?
The RAF covers accidents by unregistered and uninsured motor vehicles. The Fund may pursue the unregistered owner for reimbursement, but you are not deprived of your claim.
Is there a cap on what the RAF will pay?
General damages (pain and suffering) require a Serious Injury Assessment. Loss of income claims are capped at R435 000 per year (adjusted annually). There is no cap on medical expenses.
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