Liability to Maintain is based on three factors:
The claimant’s inability to support himself; his relationship to the person from whom he claims support and the latter’s ability to provide support. For an example a father of a child has a legal duty to support his child, if the child needs to be supported and he is able to support the child.

What happens if the person who bears the onus of duty of support has deceased as a result of a road accident?
The Road accident fund comes into play and specialist attorneys in M A matters can assist in claiming for compensation, however this is subject to certain requirements.

What is the Road Accident Fund?
This is statutory body established by the RAF Act which exists to provide compensation to all persons within the Republic of South Africa for loss or damage resulting from death or bodily injuries caused by negligent driving of motor vehicles within the country.

Raf requirements for loss of support claims:

• The deceased was not 100% to blame for the road accident:
• The deceased had a duty to support the claimant financially;
• The claimant was financially supported by the deceased at the time death; and
• As a result, the claimant has lost the support due to the death of the deceased.

Who is entitled to claim?
A dependent of a deceased person, a close relative of the deceased in respect of funeral expenses, a parent or legal guardian of a minor and any interested party.

When can you claim?
Within 2 years from the date of which the claim arose if it’s an unidentified driver ( the identity of the owner and driver is unknown) or 3 years if the identity of the negligent driver or owner is known and there are exceptions.

How to claim
A claimant may lodge the claim directly with the Fund however, a claim against the Fund involves having to comply with legal requirements and within prescribed time limits. This
process can be daunting and complex, therefore the very first step is to approach attorneys who specialize in such claims.

What can you claim?
Necessary funeral benefits, past and future loss of support for a dependant of a deceased.