How long do I have to claim from the RAF?

3 years from the date of the accident to lodge a claim. For minors, prescription starts from their 18th birthday. Missing this deadline usually means your claim is permanently extinguished.

What can I claim from the RAF?

Past and future loss of income/earning capacity, past and future medical expenses, general damages (pain and suffering) if the injury is 'serious', and funeral costs for dependants of deceased victims.

Do RAF attorneys work on contingency?

Yes, most do. Typical contingency is 25% of the award under the Contingency Fees Act. You only pay if you win. Disbursements for medical reports are usually added. Always get the fee agreement in writing.

How long does a RAF claim take?

Simple matters with clear liability settle in 12-24 months. Complex claims with serious injuries, disputed liability, or High Court proceedings take 3-5+ years. Active case management by an experienced RAF attorney makes a meaningful difference.

Can I claim if I caused the accident?

Partially, if another party also contributed. The RAF applies apportionment - if you were 40% at fault, you recover 60% of your damages. If you were 100% at fault, you have no claim against the RAF.

RAF Claims Attorneys

Road Accident Fund compensation for injuries and loss arising from motor vehicle accidents. Browse 226 LPC-registered attorneys across South Africa.

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Reviewed by the Justibly editorial team·Updated April 2026

The Road Accident Fund (RAF) compensates victims of road accidents in South Africa for loss of income, medical expenses, general damages (pain and suffering), and funeral costs where death resulted. Every insured motor vehicle contributes via the fuel levy. Claims are against the RAF itself, not against the driver who caused the accident.

When to hire a raf claims attorney

You were injured in a motor vehicle accident as a driver, passenger, cyclist, or pedestrian.
A family member was killed or permanently disabled in a road accident.
The RAF has rejected your claim or offered an unreasonably low settlement.
You are approaching the 3-year prescription deadline.
You have future loss of earning capacity that needs actuarial quantification.

What to expect

Your attorney lodges a claim within 3 years using an RAF 1 form with medical records, police accident report, and proof of loss. The RAF investigates, typically takes 12-24 months to evaluate liability, then makes an offer. Complex claims require medico-legal reports (orthopaedic, neuropsychological, industrial psychologist, actuary). Unsettled claims go to the High Court. General damages are only payable for 'serious injuries' (assessed by doctors using the AMA Guides).

Typical fees

Most RAF attorneys work on contingency (no win, no fee) - typically 25% of the award plus disbursements (medical reports, actuarial calculations). Common Law Attorney-Client fees apply by default, subject to the Contingency Fees Act cap. Always confirm the arrangement in writing upfront.

Legal information, not legal advice. This page provides general information about raf claims in South Africa. It is not a substitute for advice from a qualified attorney. Laws and procedures change - consult a verified attorney for your specific matter.

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When to hire a raf claims attorney

What to expect

Typical fees

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