Direct answer
What is a Road Accident Fund claim?
The Road Accident Fund is a statutory body created to compensate qualifying persons for bodily injury or death caused by the negligent driving of motor vehicles in South Africa. An RAF claim is therefore different from an ordinary claim for vehicle-repair damage: the focus is bodily injury, death and the financial consequences recognised by the RAF Act.
The Fund assesses whether a road accident occurred, whether the claim complies with the statute, the degree of negligence or fault, and the amount of proven loss. A claimant should not treat the lodging form as the entire case: the liability, medical, employment, actuarial and supporting evidence must fit the damages claimed.
For a step-by-step explanation before speaking to an attorney, read our RAF claim process, documents and time-limits guide.
Who may have a claim?
According to current RAF guidance, an injured person may claim unless that person was entirely responsible for the accident. A dependant may claim loss of support following a death, and a close relative may claim qualifying funeral expenses. A parent or guardian may act for a minor, and other representatives may act in recognised capacities.
Fault matters. A claim may be reduced where the claimant was partly responsible. The accident facts, witness evidence, police records, scene information and available vehicle evidence should therefore be preserved before memories fade or records become difficult to obtain.
What compensation can be claimed?
Depending on the facts and evidence, RAF claims can involve:
- past and future hospital, medical and rehabilitation expenses;
- past and future loss of income or earning capacity;
- loss of support suffered by qualifying dependants after a death;
- qualifying funeral expenses; and
- general damages for pain, suffering and disfigurement where the statutory serious-injury requirements are met.
General damages are not available merely because an injury was painful. Current RAF guidance states that, for accidents on or after 1 August 2008, general damages are limited to serious injuries and the prescribed serious-injury process applies.
How long do you have to lodge the claim?
Time limits are fundamental. Current RAF guidance states that when the negligent driver or owner is identified, the claim generally must be lodged within three years from the date on which it arose. For a hit-and-run or otherwise unidentified driver, the RAF states that the claim generally must be lodged within two years.
Those are not safe dates to work towards. A valid claim form and required supporting information must be prepared, and prescription questions can become technical where the claimant is a minor, under curatorship, the driver's identity is disputed, a claim was previously lodged, or litigation deadlines are already running. Obtain advice well before the apparent deadline.
What documents are needed?
The current RAF claim form warns that an incomplete form may not be accepted and may fail to interrupt prescription. Common evidence includes identity documents, the claimant's affidavit, the Officer's Accident Report or police records, witness material, medical and hospital records, proof of medical costs, and documents proving income or loss of earnings.
Serious-injury claims require the prescribed medical assessment. Loss-of-earnings and future-loss claims may require additional expert and actuarial material. A death claim requires evidence of the deceased, dependency, relationship and financial support.
What happens after an RAF claim is lodged?
After lodgement, the RAF may investigate the accident, liability and supporting evidence and may require additional information. The value of the claim can depend on medical prognosis, employment evidence, expert reports, actuarial calculations and, in serious-injury cases, the prescribed serious-injury process.
An offer should be assessed against the proven heads of damages and the available evidence rather than accepted merely because payment has been proposed. Where the claim is disputed or not resolved, litigation may become necessary after the applicable statutory requirements have been met.
How long does an RAF claim take?
There is no single reliable duration. A claim with clear liability and complete evidence may progress differently from one involving disputed negligence, evolving injuries, substantial future loss, serious-injury disputes or litigation. The useful questions are which stage the claim is at, what evidence is outstanding and whether any statutory or court deadline is approaching.
Can you claim directly without a lawyer?
Yes. The RAF expressly allows a claimant to submit a direct claim and says its information officers can assist claimants. Using an attorney is a choice, not a statutory prerequisite.
Legal representation may nevertheless be useful where liability is disputed, prescription is approaching, the injuries or future losses are substantial, medical or actuarial evidence is needed, an offer must be assessed, the Fund disputes part of the claim, or litigation becomes necessary. Our broader personal-injury service explains how injury evidence and damages are assessed, while the civil litigation hub covers the wider claims process.
How do RAF attorney fees work?
The fee arrangement should be explained in writing before the firm accepts a mandate. Selected claims may be considered for a lawful contingency-fee arrangement after prospects, evidence, likely recovery, expected duration and litigation cost are assessed. A contingency arrangement is not automatic, and third-party disbursements such as medical experts, actuaries, counsel or records must be distinguished from attorney fees.
What should you do after a road accident?
- Obtain appropriate medical attention and ensure injuries are recorded.
- Report the accident and preserve the official accident or SAPS reference.
- Record driver, owner, vehicle, witness and insurer information where available.
- Keep photographs of the scene, vehicles and visible injuries.
- Preserve every hospital, medical, rehabilitation and expense record.
- Keep payslips, employment records and proof of work missed or income lost.
- Establish the applicable RAF time limit and the documents needed for a complete claim.