The Road Accident Fund (RAF) Claim Process — Step by Step

Every year, thousands of South Africans are injured or killed in road accidents. The Road Accident Fund (RAF) — a statutory fund established by the Road Accident Fund Act 56 of 1996 — exists to compensate these victims for injuries and death caused by motor vehicle accidents on South African roads. But claiming successfully from the RAF is not automatic: the process is formal, governed by strict deadlines, and the RAF actively contests and reduces claims. Understanding the process is essential.

MOST IMPORTANT RULE: Your RAF claim prescribes (expires) 3 years from the date of the accident or the date you identified the negligent driver. After 3 years, no court will hear your claim regardless of its merit. Do not wait.

What the Road Accident Fund Covers

The RAF compensates for:

• Bodily injuries suffered by any person as a result of a motor vehicle accident on a South African road
• Death: Compensation for the dependants of a person who died in a road accident (loss of support and funeral costs)

The RAF covers victims whether they were drivers, passengers, pedestrians, cyclists, or bystanders. The negligent party can be any driver — a taxi, bus, truck, private car, or even an unidentified hit-and-run driver.

What the RAF does NOT cover:

• Property damage (your vehicle, household goods): This must be claimed from the negligent driver personally or through your own short-term insurer
• Accidents that occur off public roads (e.g., private property, parking lots) in some circumstances
• Accidents caused entirely by the claimant's own negligence (though partial negligence only reduces your claim proportionally — it does not extinguish it)

The Critical 3-Year Prescription Period

Under section 23 of the RAF Act 56 of 1996 and the Prescription Act 68 of 1969, your claim against the RAF prescribes 3 years from the date of the accident. If the driver was unidentified at the time of the accident, the 3-year period runs from the date you identified or could reasonably have identified them.

Key exceptions:

• Minors: Prescription does not run against a minor child. Time starts running when they turn 18.
• Mental incapacity: If the victim was mentally incapacitated, prescription may be tolled.
• Hit-and-run (unidentified driver): Only 2 years from the date of the accident to lodge the claim, and you must have reported the accident to SAPS within 14 days.

If you have been involved in a road accident and have not yet consulted an RAF attorney, do so today — even if more than 2 years have passed, there may still be options depending on your circumstances.

Step 1: Gather Accident Details Immediately

The foundation of any RAF claim is documentation from the accident itself:

Police Report (Essential) You must report any accident involving personal injury or death to the SAPS within 24 hours of the accident. Obtain a case number. A police report is a mandatory document for your RAF claim. Without it, the RAF will have grounds to question whether an accident occurred.

Scene Documentation If possible at the scene (or shortly after): photographs of vehicles, road conditions, injuries, and any visible skid marks or debris; the registration number of all vehicles involved; names and ID numbers of witnesses; the name and contact details of the driver of the other vehicle.

Medical Documentation Attend a hospital or doctor immediately — even for seemingly minor injuries. All injuries must be documented in medical records. The RAF's attorneys will argue that any injury not documented immediately did not exist. Continue all prescribed treatment and keep all invoices.

Step 2: Instruct an RAF Attorney

Consult an RAF attorney as soon as possible after the accident. You do not need to have completed all medical treatment or gathered all documentation before consulting an attorney — the attorney can assist with this process.

A qualified RAF attorney will:

• Advise whether you have a valid claim
• Calculate the approximate value of your claim
• Manage all documentary requirements
• Engage with the RAF on your behalf
• Litigate if necessary

No win, no fee: Most RAF attorneys work on a contingency basis under the Contingency Fees Act 66 of 1997. You pay no upfront legal fees. Attorney fees are capped at 25% of the amount awarded (or double the normal fee, whichever is less) under a contingency arrangement. The RAF also pays attorney costs after a successful court order. Reputable RAF attorneys do not require upfront payments.

Verify that your attorney is registered with the Legal Practice Council. Only registered attorneys may represent you.

Step 3: Medical Documentation and Specialist Assessments

For any serious injury claim, medico-legal assessments by specialist medical practitioners are essential:

• Orthopaedic surgeon: For fractures, spinal injuries, joint damage
• Neurologist: For brain injuries, neurological deficits
• Psychiatrist or psychologist: For post-traumatic stress disorder, depression, anxiety
• Occupational therapist: For assessment of functional capacity and future earning ability
• Industrial psychologist: For assessment of past and future loss of earnings
• Actuary: For calculating the present value of future loss of earnings and future medical expenses

The RAF will arrange their own medico-legal assessments. You are entitled to attend these under legal advice — your attorney should prepare you thoroughly beforehand. Be honest about your symptoms; do not exaggerate or minimise.

For general damages claims, you must complete a RAF Form 4 (Serious Injury Assessment) — assessed using the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment. Your injury must be assessed as causing a serious injury (at least 30% whole-person impairment, or certain qualifying conditions) before a general damages claim can proceed.

Step 4: Lodge RAF Form 1 at the RAF

Your attorney lodges a formal claim by submitting RAF Form 1 at the nearest RAF office. This is the official claim form under the RAF Act. The form requires:

• Details of the accident (date, location, vehicles, drivers involved)
• Police case number
• Your personal details and those of any dependants claiming loss of support
• Brief description of injuries and damages claimed
• Medical details (attached as supporting documentation)
• Evidence of income and employment (for loss of earnings claims)

RAF Offices in South Africa:

• Johannesburg: 173 Smit Street, Braamfontein
• Pretoria: 420 Pretorius Street, Arcadia
• Cape Town: 1 Thibault Square, Long Street
• Durban: 330 Smith Street
• Port Elizabeth / Gqeberha: Greenacres area

Full contact details and additional offices: raf.org.za

Step 5: RAF Responds

The RAF has 120 days from the date of lodgement of a properly documented claim to respond with an offer or a rejection. Possible responses:

• An offer of settlement: The RAF makes an offer to settle the claim
• Partial admission: The RAF admits liability for some components but disputes others
• Rejection: The RAF rejects the claim (typically on grounds of prescription, lack of negligence, or insufficient documentation)
• No response (within 120 days): Your attorney can proceed to litigation

Step 6: Negotiation

If the RAF makes an offer, your attorney will advise whether it is fair. Initial RAF offers are frequently low. Negotiation between your attorney and the RAF's attorneys typically follows. This back-and-forth can take months. Evidence from medico-legal specialists, actuaries, and industrial psychologists is essential for substantiating the value of your claim.

Do not accept an offer without your attorney's advice. Once you sign a settlement agreement, you generally cannot go back for more compensation — even if your condition worsens.

Step 7: Litigation (If No Agreement)

If the RAF and your attorney cannot reach an agreement, your attorney will issue summons in the High Court. The matter then proceeds through the civil litigation process:

1. Summons issued and served on the RAF
2. RAF files a plea and possibly a counterclaim
3. Discovery of documents
4. Exchange of expert reports (medico-legal, actuarial, industrial psychology)
5. Pre-trial conference
6. Set down for trial
7. Trial — evidence led, experts cross-examined
8. Judgment and award

Most RAF matters settle before trial — the credible threat of costly litigation for the RAF incentivises settlement. If the RAF unsuccessfully defends the matter, they typically pay your legal costs.

Types of Damages: What Can I Claim?

General Damages (Non-Patrimonial Loss)

Compensation for pain and suffering, loss of amenities of life, disfigurement, and psychological trauma. These must be assessed as a "serious injury" under the RAF Form 4 process. The amount is assessed by reference to comparable cases. This is often the largest component for claimants with permanent injuries.

Past Medical Expenses

All documented medical costs from the date of accident to the date of settlement or judgment — hospital, surgery, physiotherapy, medication. All invoices must be kept.

Future Medical Expenses

Estimated by medical specialists and actuaries — covers all future treatment, medication, rehabilitation, assistive devices, and home care that will be required as a result of the accident injuries.

Past Loss of Earnings

Income lost from the date of the accident to the date of settlement — supported by payslips, tax returns, employer confirmation of lost work time.

Future Loss of Earnings / Earning Capacity

Calculated actuarially based on age, pre-accident income, qualifications, and projected career trajectory, against the post-accident earning capacity. For younger claimants with serious injuries, this is typically the largest component of the claim.

Loss of Support (Death Claims)

For dependants of a deceased victim: the present value of the financial support they would have received over the remainder of the deceased's expected working life. Calculated actuarially. Spouse and minor children are the primary dependants.

Funeral Costs

Reasonable and documented funeral expenses for the family of a deceased victim.

Frequently Asked Questions

What if I was a passenger in the vehicle that caused the accident?

You can still claim from the RAF, even if you were a passenger in the vehicle driven by the negligent driver. The RAF covers passengers injured by the negligent driving of the driver of the vehicle they were travelling in. Your claim is against the RAF (which stands in for the negligent driver) — not against your friend or family member who was driving. Your ability to claim is not reduced simply because you knew and trusted the driver.

How long does an RAF claim take to resolve?

Simple claims (minor injuries, clear liability, cooperative RAF) can resolve in 6 to 18 months after lodgement. Complex claims — serious injuries, disputed liability, large loss of earnings or loss of support claims — typically take 2 to 5 years from the date of lodgement to final resolution. The RAF has significant funding constraints and large caseloads, which contribute to delays. Litigation is often necessary to force a fair resolution. Your attorney should provide realistic timelines based on the specifics of your matter.

Can I claim if I was drunk at the time of the accident?

The RAF Act was amended in 2005 to limit claims where the claimant's own negligence contributed to their injuries. If you were driving while under the influence of alcohol and caused the accident, you may face a complete bar to your claim. If you were a passenger who knew the driver was drunk but chose to travel anyway, your compensation may be reduced for contributory negligence. If you were an innocent third party (pedestrian, other vehicle) injured by a drunk driver, you can claim in full against the RAF. Contributory negligence is a complex factual and legal question — consult an attorney to assess your specific situation.

Related Resources

• Road Accident Fund Attorneys South Africa
• RAF Attorneys Johannesburg
• RAF Claims — Common Questions
• Road Accident Fund — Official Website

About the Author

This guide was compiled by the Justibly Editorial Team in consultation with practising attorneys registered with the Legal Practice Council. Our editorial process ensures accuracy and compliance with South African legal standards. For specific legal advice, always consult a qualified attorney.

Legal Disclaimer

Justibly is an independent legal directory. The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by using this directory. For advice on your specific legal situation, consult a qualified attorney registered with the Legal Practice Council.

Last updated: April 2026