Road Accident Fund guide · South Africa

How to claim from the Road Accident Fund (RAF)

An RAF claim is not only a form. The accident facts, negligence, medical evidence, income records, statutory time limits and the heads of damages must all fit together. This guide explains the practical route from the accident to lodging, assessment and possible litigation.

Claim process

What are the main steps in an RAF claim?

  1. Preserve the accident evidence.Keep the police or accident reference, vehicle and driver details, witness information, photographs and any available scene records.
  2. Document the injuries.Obtain treatment and preserve hospital, clinical, rehabilitation and medical-expense records from the beginning.
  3. Document financial loss.Keep payslips, employment records, tax or business records and proof of time away from work or reduced earning ability.
  4. Identify the prescription deadline.Do this early. Current RAF guidance generally distinguishes identified-driver claims from unidentified or hit-and-run claims.
  5. Prepare and lodge the prescribed claim.The current RAF 1 form requires full particulars and supporting documents. An incomplete claim may not be accepted.
  6. Develop the medical and quantum evidence.Serious-injury, future medical, loss-of-earnings and dependency claims may require specialised medical, actuarial or other expert evidence.
  7. Assess the RAF response.The claim may be investigated, quantified, negotiated or disputed. If it is not resolved, litigation may become necessary after the statutory requirements are satisfied.

What are the RAF time limits?

Current RAF guidance generally states that a claim involving an identified negligent driver or owner must be lodged within three years from when the claim arose. For a hit-and-run or otherwise unidentified vehicle, the RAF generally states a two-year lodging period.

Those periods should not be treated as diary targets. A complete claim and supporting information take time to prepare, and prescription can involve additional rules depending on the claimant and procedural history. Obtain advice well before the apparent deadline.

What compensation can an RAF claimant seek?

Depending on the evidence and statutory requirements, an RAF claim may involve past and future medical expenses, past and future loss of income or earning capacity, loss of support suffered by dependants, qualifying funeral expenses and general damages where the serious-injury requirements are met.

Property damage to the vehicle is not an RAF bodily-injury claim. It must be considered separately against the responsible party or insurer where applicable.

What documents should be collected?

  • identity documents and claimant details;
  • police or Officer’s Accident Report information;
  • witness details and scene evidence;
  • hospital, medical and rehabilitation records;
  • medical expense documents;
  • proof of earnings and employment impact;
  • death, dependency and support records where the accident caused a death; and
  • serious-injury material where general damages are claimed.

Can you claim directly from the RAF?

Yes. The RAF allows direct claims. Legal representation is not compulsory. A claimant may nevertheless choose an attorney where liability is disputed, the prescription position is uncertain, injuries or future losses are substantial, expert evidence is required, an offer needs to be assessed, or litigation is likely.

For legal assistance, see our dedicated Road Accident Fund lawyers page. For broader injury claims, see personal injury claims.

How long does an RAF claim take?

There is no responsible fixed timeframe for every case. Timing depends on whether liability is disputed, whether the evidence is complete, the extent and stability of injuries, expert assessments, actuarial calculations, the RAF’s response and whether summons and litigation become necessary. A more useful question is which stage the claim has reached and what evidence or procedural step is still outstanding.

Common questions

RAF claim process and deadlines

How do I start a Road Accident Fund claim?

Start by preserving the accident, police, medical and employment evidence and establishing who was involved. A claim is lodged using the prescribed RAF claim form with the supporting information required by the statute and current RAF process.

How long do I have to lodge an RAF claim?

Current RAF guidance generally gives three years where the negligent driver or owner is identified and two years for an unidentified or hit-and-run vehicle. Prescription can be technical, so the exact facts should be assessed well before the apparent deadline.

What can be claimed from the RAF?

Depending on the facts, a claim may include qualifying medical expenses, past and future loss of income or earning capacity, loss of support after a death, funeral expenses and general damages where the serious-injury requirements are met.

Can I submit an RAF claim without an attorney?

Yes. The RAF allows direct claims. A claimant may choose legal representation for advice on liability, evidence, prescription, serious injury, actuarial proof, settlement and litigation.

What happens if the RAF claim form is incomplete?

The RAF claim form warns that incomplete information can cause a claim not to be accepted and may affect interruption of prescription. The form and supporting documents should therefore be prepared carefully.

Road Accident Fund claim

Need an RAF claim assessed?

Send the accident date and place, the injured person’s details, the police or accident reference, the injuries and a short description of work or income affected.

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