To claim from the Road Accident Fund (RAF) in South Africa, you must follow a structured six-step process via the Road Accident Fund (RAF) that begins at the scene of the accident and ends with settlement or litigation. The process is defined by the RAF Act 56 of 1996 and RAF procedures. Most claims are settled within 6–18 months if uncontested, but you must start within 3 years of the accident or your claim will be permanently prescribed (time-barred).
Step 1: Obtain a SAPS Accident Report (Immediately)
The first and most critical step is to get a police report. Call the South African Police Service (SAPS) to the scene, or report the accident to the nearest police station within 24 hours.
What you need:
- Your full names, ID number, contact details
- Vehicle registration details, insurance company details
- Witness names and contact information
- Photos of vehicle damage, scene, injuries
What you'll receive:
- Case number (CRN — Crime Reference Number)
- Written accident report (SAPS form)
Why this matters: The police report is the foundation of your RAF claim. It establishes that a road accident occurred and names the liable party (if known). Without it, the RAF can reject your claim as unsubstantiated.
Tip: Ask for multiple copies of the report. You will need it for your medical assessment, your claim form, and your attorney.
Step 2: Obtain a Medical Report on the RAF 4 Form
Within 3 months of the accident, consult a doctor (general practitioner or specialist) and request that they complete the RAF 4 Form — "Medical Report for RAF Claims."
What the doctor must document:
- The nature and extent of your injuries
- Treatment provided and ongoing treatment needed
- Prognosis: will you recover fully or have permanent injury?
- Loss of earnings capacity: percentage of ability to work
- Estimated period of recovery
- Any medical complications
What you need to bring to the doctor:
- Your ID document
- The police accident report (CRN)
- Your medical history
Cost: Most doctors charge R300–R800 for the RAF 4 form. Some may charge more if you have multiple injuries. This is your responsibility unless you have medical aid that covers it.
Why urgent: The sooner the medical report is filed, the sooner the RAF can assess your claim. Delays in the medical report delay the entire process.
Step 3: Complete the RAF 1 Claim Form
The RAF 1 Form is the official claim application. You can obtain it from:
- The RAF website: raf.co.za (downloadable)
- Any RAF regional office
- Your attorney (if you appoint one)
What the form requires:
- Your full personal details (ID number, address, contact)
- Accident details: date, time, location, CRN
- Vehicle details (if applicable)
- Description of how the accident occurred
- Names of witnesses and defendant
- Details of injuries and medical treatment
- Loss of earnings (salary, wages, business income)
- Details of any other insurance you claimed from
Important: Be honest and detailed. Vague or contradictory information will slow the process or result in rejection.
Can you complete it yourself? Yes, but most claimants appoint an attorney to ensure accuracy and maximize their claim.
Step 4: Submit Your Claim to the RAF (Within 3 Years)
You must submit your complete claim package to the RAF before the three-year prescription period expires.
What to submit:
- Completed RAF 1 Form
- SAPS accident report (copy)
- RAF 4 Medical Report (copy)
- Evidence of loss: medical bills, pay slips, invoices (if self-employed)
- Identity document (copy)
- Proof of medical aid or private treatment costs
Where to submit:
- Online: raf.co.za (new portal-based claims)
- By post: RAF head office, Pretoria, or your nearest regional office
- By hand: Visit an RAF office (bring originals and certified copies)
Address for postal submission: Road Accident Fund Department of Compensation Private Bag X122 PRETORIA 0001
Checklist before submitting:
- All forms are signed and dated
- All attachments are included
- Your contact details are correct
- You have copies for your records
Step 5: RAF Acknowledgement and Assessment (30–120 Days)
Once the RAF receives your claim, it will:
Send an acknowledgement letter within 30 days confirming receipt and providing you with a claim reference number. Keep this number—use it for all future correspondence.
Request additional information (if needed). The RAF may ask for:
- Further medical evidence
- Clarification of injuries or income loss
- Additional witness statements
Serious Injury Assessment (if applicable). If your injuries are severe, the RAF will arrange for an independent medical assessment (usually within 120 days). You may be required to attend an examination by the RAF's doctor.
Quantification of damages. The RAF calculates what it will pay based on:
- Medical and rehabilitation costs (actual)
- Loss of income (capped at R311,921 per year as of 2026)
- General damages for pain, suffering, and scarring (serious injuries only)
- Cost of care (if permanently disabled)
Step 6: Settlement or Litigation (6–24 Months or 2–5 Years)
The RAF will either settle your claim or dispute it. There are three possible outcomes:
Outcome A: Settlement (Most Common)
The RAF makes a formal settlement offer. You can:
- Accept the offer and receive payment within 30–180 days
- Negotiate if you believe the offer is too low
- Reject and proceed to litigation (see Outcome C)
Payment is typically made by bank transfer to your account.
Outcome B: Claim Rejected
The RAF may reject your claim if it believes:
- You were solely at fault (own negligence)
- The accident did not occur on a public road
- You cannot prove negligent driving by another party
- Your claim has prescribed (you filed after 3 years)
If rejected, you must either accept the decision or proceed to litigation.
Outcome C: Litigation (Disputed Claims)
If the RAF disputes your claim or you reject their offer, the matter proceeds to court. This involves:
- Filing a summons in the High Court (through your attorney)
- Discovery of documents (both parties exchange evidence)
- Expert medical testimony
- Trial (if not settled beforehand)
Timeline: 2–5 years from filing to judgment. Once the court orders payment, the RAF must pay within 180 days (though delays are common).
Timeline Summary
| Step | Timeframe |
|---|---|
| SAPS Report | Within 24 hours of accident |
| Medical Report (RAF 4) | Within 3 months of accident |
| Submit RAF 1 Claim | Before 3 years from accident |
| RAF Acknowledgement | Within 30 days of submission |
| Serious Injury Assessment | 120 days (if required) |
| Settlement Offer | 6–18 months from submission |
| Payment (if settled) | 30–180 days after acceptance |
| Litigation (if disputed) | 2–5 years from filing summons |
Key Legislation
- RAF Act 56 of 1996, Section 17 — defines the right to claim and the process
- RAF Act 56 of 1996, Section 24 — prescribes the RAF's obligations to respond to claims
- Prescription Act 68 of 1969 — establishes the three-year prescription period
- Road Accident Fund (General) Rules — detailed procedural rules for claims
- RAF Amendment Act 2005 — restrictions on general damages for non-serious injuries
Common Mistakes
Mistake 1: Not getting a police report. Without a SAPS case number, the RAF will reject your claim or demand proof of the accident. Always report to police, even if the other driver is friendly.
Mistake 2: Missing the 3-year deadline. Once 3 years pass from the accident, your claim is prescribed. There is no grace period. Mark your calendar immediately.
Mistake 3: Submitting incomplete forms. Missing the RAF 4 form or unsigned documents will delay your claim by weeks or months. Double-check before submitting.
Mistake 4: Overstating your injuries. The RAF investigates claims. If your medical report contradicts your claim (e.g., you claim "unable to walk" but your doctor says "fully recovered"), the RAF will reject or drastically reduce your settlement.
Mistake 5: Accepting the first offer without advice. RAF settlement offers are often below fair market value. Consult an attorney before accepting.
Mistake 6: Not keeping records. Keep copies of all medical receipts, pay slips, and correspondence. The RAF will demand evidence.
For more on this topic, see who qualifies for a RAF claim.
For more on this topic, see how much RAF pays.
For more on this topic, see RAF payout timelines.
When to Consult an Attorney
- Immediately after the accident if your injuries are serious or your income loss is significant
- Before submitting your claim to ensure all forms are correct and your loss is fully documented
- If the RAF rejects your claim to assess whether to proceed to litigation
- If you are offered a settlement to negotiate or verify the amount is fair
- If the RAF disputes your liability or claims you were at fault
Most personal injury attorneys work on a contingency fee (no upfront cost; they take 25%–30% of your settlement if you win). This makes legal representation affordable.
Related Questions
- Can I Claim RAF After 20 Years?
- Who Qualifies for a RAF Claim?
- How Long Does RAF Take to Pay Out?
- How to Check RAF Claim Status
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Disclaimer: This answer is for informational purposes only and does not constitute legal advice. Procedures and timelines may vary based on your specific circumstances. Consult a qualified attorney for guidance on your claim. About the Author: This answer was prepared by the Justibly Legal Research Team, reviewed for accuracy by practising attorneys admitted to the High Court of South Africa. Verify attorney credentials on the LPC register.
Last updated: April 2026
By the Justibly editorial team
Published
General legal information for South Africa, checked against the Legal Practice Act, the relevant court rules and the Legal Practice Council roll. It is not legal advice and does not create an attorney-client relationship. For advice on your situation, consult an admitted attorney.
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