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LUKHELE MUST GET LEGAL ADVICE TO CLAIM FROM FIRM

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THE FACTS

LUKHELE Godfrey from Snake Park, Soweto said he was involved in an accident in 2002.

A firm of attorneys asked him to appoint them to handle his case.

After he gave them all his details, they then contacted him to say a claim had been submitted.

Six years later, they told him the Road Accident Fund had paid out R20 000, but said it was not enough and they were going to refer the matter to court.

When he called the fund, he was told he must speak to the lawyers and the attorney told him to check four years later.

WHAT I DID

I spoke to Boniswa Matshoba from the fund to investigate Lukhele’s claim.

SOLUTION

The claim was lodged on behalf of Lukhele by his attorneys.

But the law firm failed to issue a summons in time in respect of the claim.

As a result of this, the claim against the fund became dated.

Because of this failure, no payment was made to Lukhele or his attorneys.

Lukhele may be able to demand payment from the attorneys. As the fund is not in a position to provide legal advice, he is advised to get advice from another attorney.

Claimants are advised to keep track of the claim process by contacting the fund, even if they are represented by an attorney.

They can also claim directly from the fund without going the legal route.

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