Who Qualifies for a RAF Claim? Eligibility Requirements

You qualify for a Road Accident Fund (RAF) claim if you suffered bodily injury in a road accident that occurred in South Africa — under the RAF Act 56 of 1996 — Africa and was caused by the negligent driving of another person. This covers drivers, passengers, pedestrians, cyclists, and any other road users. You do not need to have been the driver; the RAF pays any injured person, regardless of their role. The only major disqualification is if you were the sole cause of the accident due to your own negligence (but even then, exceptions may apply).

The Four Eligibility Requirements

To qualify for a RAF claim, all four of these conditions must be met:

1. You Must Have Suffered Bodily Injury

"Bodily injury" means physical harm to your body. This includes:

Physical injuries:

Fractures, broken bones
Cuts, bruises, lacerations
Burns
Spinal cord injury
Brain injury or concussion
Loss of limb or organ damage
Whiplash and soft tissue injury
Internal bleeding or organ damage

Psychological injury (limited):

Post-traumatic stress disorder (PTSD) caused by the accident
Anxiety or depression directly linked to the physical injury
However, pure psychological injury without any physical harm generally does NOT qualify

What doesn't count:

Emotional distress without physical harm (e.g., witnessing a fatal accident but not being physically injured yourself)
Property damage only (damage to your vehicle, belongings)
Financial loss unrelated to physical injury

2. The Injury Must Have Been Caused by a Road Accident

A "road accident" under the RAF Act 56 of 1996, Section 1 is a collision, impact, or incident involving:

One or more motor vehicles
On a public road in South Africa
Causing bodily injury

What qualifies:

Car-to-car collision
Vehicle hitting a pedestrian
Vehicle hitting a cyclist or motorcyclist
Vehicle hitting a horse or large animal (in some cases)
Vehicle collision with a fixed object (pole, tree, wall—if negligent driving caused it)
Multi-vehicle pile-up

What does NOT qualify:

Accidents outside South Africa (no RAF cover; claim from that country's fund)
Accidents on private property (your driveway, parking lot, farm—RAF does not cover these)
Accidents not involving a motor vehicle (e.g., cyclist falls without vehicle contact)
Accidents on closed roads or race tracks (not public roads)

3. The Road Accident Must Have Been Caused by Negligent Driving

The key requirement is that another person's negligent driving caused the accident.

What constitutes negligent driving?

Driving under the influence of alcohol or drugs
Speeding or dangerous speed for conditions
Reckless or aggressive driving
Failing to obey traffic signals or road signs
Falling asleep at the wheel
Using a phone while driving (dangerous driving)
Tailgating or unsafe lane changing
Faulty vehicle maintenance that caused brake failure

Critical point: You do NOT need to know who the negligent driver is. If hit by an unknown vehicle (hit-and-run), you can still claim from the RAF. The RAF will investigate, but if the driver is never found, you still have a valid claim for the accident itself.

The RAF Act Section 17: Creates absolute liability—the RAF must pay any road accident injury claim caused by negligent driving, with limited exceptions.

4. You Must Not Have Been Solely at Fault

The fourth requirement is negative: you must not have been the sole cause of the accident due to your own negligence.

Important distinction: Comparative negligence is allowed. If you were 30% at fault and the other driver was 70% at fault, you still qualify and will receive compensation (though it may be reduced proportionally in some cases).

Exceptions (when you can claim even if you caused the accident):

You were hit by another vehicle and had no chance to avoid it (unavoidable accident)
You caused the accident through a momentary lapse (e.g., momentary distraction), but you did not act recklessly or negligently
You collided with the other vehicle due to an equipment failure (vehicle fault, not driver negligence)

When you CANNOT claim:

You were the only driver involved and lost control due to your negligence (e.g., you were speeding, swerved recklessly, fell asleep)
You intentionally drove into another vehicle or obstacle
You were driving under the influence and caused the accident

Example 1: You are waiting at a red light and are rear-ended. The other driver was speeding.

Result: You qualify (0% at fault)

Example 2: You are turning right, misjudge the intersection, and collide with an oncoming vehicle. The other driver was driving within the speed limit.

Result: You likely do NOT qualify (you were primarily at fault)

Example 3: You are changing lanes and clip another vehicle. The other driver was also driving recklessly and failed to notice you.

Result: You likely qualify (comparative negligence—both drivers at fault, but not you alone)

Who Qualifies: By Road User Category

Drivers

You qualify if you were the driver of the injured vehicle and the accident was caused by another driver's negligence. If you caused the accident yourself (e.g., lost control due to speeding), you do not qualify.

Passengers

You qualify automatically if the vehicle you were in collided with another vehicle or obstacle due to negligent driving. You have no liability responsibility—the driver(s) in at fault vehicles are liable. This is one of the strongest RAF claims.

Example: You are a passenger in a car stopped at a red light. A drunk driver rear-ends you, causing injury. You qualify (strong claim; passenger is always considered not at fault).

Pedestrians

You qualify if a vehicle hit you and the driver was negligent. Pedestrians almost always qualify unless they deliberately stepped in front of a vehicle or ignored traffic signals recklessly.

Example: You are crossing at a pedestrian crossing with a green light. A driver runs the red light and hits you. You qualify.

Example: You are jaywalking and are hit by a car that was obeying all traffic laws. You may NOT qualify (you were solely at fault).

Cyclists

You qualify if a vehicle collided with you due to negligent driving. Cyclists have the same rights as pedestrians.

Example: You are cycling in a bicycle lane. A vehicle crosses the lane line and hits you. You qualify.

Motorcyclists

You qualify if a vehicle collided with your motorcycle due to negligent driving. Motorcyclists have the same eligibility as other road users.

Scenarios: Do You Qualify?

Scenario	Qualify?	Reason
Hit by a car while standing at a bus stop	Yes	Pedestrian hit by negligent driver
Rear-ended while waiting at a red light	Yes	Vehicle hit you; not your fault
T-boned at intersection; other driver ran red light	Yes	Other driver clearly negligent
You run a red light and are hit; other driver obeyed all rules	No	You were solely at fault
Hit by unidentified vehicle (hit-and-run)	Yes	Accident occurred; RAF covers unknown drivers
Injured in a car accident outside South Africa	No	RAF only covers accidents in SA
Hit by a vehicle on your private driveway	No	Private property; not a public road
Passenger injured when driver lost control while speeding	Yes	Passenger is never at fault; driver's negligence (speeding) caused injury
Pedestrian hit by vehicle whose brakes failed (no driver negligence)	No (unless driver should have maintained brakes)	Equipment failure may not trigger RAF liability if driver was not negligent

Special Cases

Hit-and-Run (Unknown Driver)

If you are hit by a vehicle that drives away, you still qualify. The RAF will investigate using:

Your description of the vehicle
Witness statements
CCTV footage
Traffic reconstruction

If the driver is never found, your claim is still valid. The RAF accepts the accident occurred and compensates you. This is called "unknown defendant" cover.

Multiple Vehicle Accidents

If 3+ vehicles are involved in an accident, you qualify if you were not the sole cause. The RAF determines which driver(s) were negligent and liable.

Example: A pile-up involving 5 vehicles. The initial vehicle (Driver A) rear-ends Driver B. Driver C rear-ends Driver B. Drivers D and E are also involved. Drivers B, C, D, and E all likely qualify (they were not solely at fault). Driver A's claim depends on whether they were hit by another vehicle first.

Accidents Involving Uninsured Drivers

If the other driver was uninsured or driving an unregistered vehicle, you still have a valid RAF claim. The RAF does not require the other driver to have insurance. RAF liability is absolute—if a road accident occurred due to negligent driving, the RAF pays.

Accidents Involving Animals

If a vehicle hit a horse, ox, or donkey (animal on the road), and the vehicle driver was not negligent (unavoidable accident), the driver may claim against the animal's owner, not the RAF. However, if the driver was negligent (speeding, not paying attention), the passengers in the vehicle can claim from the RAF.

Accidents Involving Stationary Objects

If you collide with a stationary object (pole, tree, wall) due to your own negligence (lost control, speeding), you do NOT qualify. However, if another vehicle forced you into the object (side-swipe), you qualify.

Example: You swerve to avoid debris on the road and hit a power pole. You do not qualify (your decision, though avoidance-based, was your action). However, if another vehicle swerved into you, forcing you into the pole, you DO qualify (the other driver caused it).

The Prescription Deadline: 3 Years

Even if you qualify, you must submit your claim within 3 years of the accident. If you wait longer, your claim is prescribed (legally expired) and the RAF will reject it.

Prescription clock:

Starts: Date of the accident
Ends: 3 years later (same date, 3 years on)
Example: Accident on 1 April 2023 → Claim must be submitted by 31 March 2026

There is no extension unless you were a minor or incapacitated at the time.

What Happens If You Don't Qualify

If the RAF determines you don't qualify (e.g., you were solely at fault, accident was on private property), it will reject your claim. You can:

Appeal the decision within 30 days by letter to the RAF, providing additional evidence
Consult an attorney to assess whether to dispute the rejection in court
File a judicial review if the RAF's decision was unreasonable or irrational

Success is low if the RAF's reasoning is sound, but an attorney can review whether all avenues have been explored.

Key Legislation

RAF Act 56 of 1996, Section 1 — defines "road accident" and RAF coverage
RAF Act 56 of 1996, Section 17 — sets out eligibility and absolute liability principle
Road Traffic Act 93 of 1996 — defines traffic offences and negligent driving
Prescription Act 68 of 1969 — establishes the 3-year prescription period

Common Mistakes

Mistake 1: Assuming you don't qualify if you are partially at fault. Comparative negligence is allowed. Even if you were 40% at fault, you still qualify if the other party was 60% at fault.

Mistake 2: Not reporting to police. Without a SAPS report, it is harder to prove negligent driving. Always report to police, even if the accident seems minor.

Mistake 3: Admitting fault at the scene. Don't say "I'm sorry" or accept blame at the accident scene. The RAF may use your words against you. Let the police and legal professionals determine fault.

Mistake 4: Thinking accidents on private property are covered. Your driveway, parking lot, or farm are not public roads. RAF does not cover these.

Mistake 5: Forgetting the 3-year deadline. It sneaks up. Mark your calendar immediately after the accident.

Mistake 6: Assuming an unknown driver means no claim. Hit-and-run accidents are still covered by the RAF.

Mistake 7: Not getting medical evidence immediately. Without medical proof of injury, the RAF may deny your claim. See a doctor and document injuries within days of the accident.

For more on this topic, see how to claim from the RAF.

For more on this topic, see RAF compensation amounts.

For more on this topic, see RAF payout timelines.

When to Consult an Attorney

Immediately after the accident if injuries are serious
Before contacting the RAF if there is any question about liability or fault
If the RAF rejects your claim for eligibility reasons
To assess whether you qualify if the circumstances are complex (hit-and-run, multi-vehicle, partial fault)

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Disclaimer: This answer is for informational purposes only and does not constitute legal advice. Eligibility is fact-specific and depends on the details of your accident. Consult a qualified attorney to determine whether you qualify for a RAF 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