If you’ve been injured in a road accident that wasn’t entirely your fault, you may be entitled to claim from the Road Accident Fund (RAF). The RAF is a government-run fund that compensates victims of motor vehicle accidents in South Africa — and millions of South Africans are eligible every year. Here’s everything you need to know about how to make a successful claim.
What is the Road Accident Fund?
The Road Accident Fund Act 56 of 1996 established the RAF to provide compulsory cover for all users of South African roads against injury or death. The RAF is funded through a fuel levy — meaning every time someone fills up their vehicle, they contribute to the fund.
The RAF compensates victims (or their families) for:
- General damages — pain and suffering, loss of amenities of life (for serious injuries only, post the 2008 Amendments)
- Loss of earnings or income — if the accident prevented you from working or reduced your earning capacity
- Medical expenses — past and future treatment costs
- Loss of support — for dependants of a deceased accident victim
Important: Since the Road Accident Fund Amendment Act of 2008, general damages for pain and suffering are only payable if you have a “serious injury” as assessed under Regulation 3 of the Act. This typically requires a 30%+ Whole Person Impairment (WPI) rating by a medical professional.
Who Can Claim from the RAF?
You can claim from the RAF if:
- You were injured in a motor vehicle accident on a South African public road
- The accident was caused (in whole or in part) by the negligence of another driver
- You are a South African citizen, permanent resident, or even a foreign national injured in SA
- You are a family member or dependant of someone killed in a road accident
Note: If you were the sole cause of the accident, you cannot claim. But if you were even partially not at fault, you may still have a claim (contributory negligence reduces the award proportionally).
Experienced Road Accident Fund attorneys can assess your case and advise whether you have a valid claim within a free consultation.
Step-by-Step: How to Claim from the RAF
Step 1: Get medical treatment and document your injuries
Immediately after the accident, get proper medical care. Keep every hospital record, doctor’s note, prescription, and receipt. This documentation is the foundation of your claim.
Step 2: Report the accident to the police
A police accident report is essential for an RAF claim. The accident should be reported within 24 hours (or as soon as reasonably possible). Obtain a copy of the accident report or the case number.
Step 3: Appoint an RAF attorney
RAF claims are complex. Most attorneys handle RAF matters on a contingency fee basis — meaning you pay nothing upfront, and their fee is a percentage of your final settlement. Given the complexity of the process, professional legal representation is strongly recommended.
Step 4: Complete RAF Form 1 (Notice of Intention to Claim)
You must notify the RAF of your intention to claim within 3 years of the date of the accident (for bodily injury claims). For property damage, the limit is shorter. Your attorney will complete and submit RAF Form 1.
Step 5: Gather supporting documents
Your attorney will help you gather:
- Medical records and expert reports
- Police report / accident report
- Proof of income and earnings (for loss of income claims)
- Actuarial calculations for future loss
- Photographs of injuries and the accident scene
- Witness statements
Step 6: Lodge the Claim Form (RAF 1) and Summons
Your attorney lodges the formal claim. If the RAF does not settle, they will issue summons and the matter proceeds to negotiation or trial.
Step 7: Assessment and settlement
The RAF may request that you be assessed by their own medical experts. Eventually, most matters settle at a pre-trial conference. If not, the case goes to trial.
Common Mistakes That Sink RAF Claims
- Missing the prescription period: RAF claims prescribe after 3 years — if you don’t act in time, you lose your right to claim entirely.
- Poor documentation: Gaps in medical records and treatment reduce your claim value significantly.
- Accepting a lowball offer: The RAF often makes early settlement offers far below the true value of a claim. Never accept without legal advice.
- Not having an attorney: Unrepresented claimants consistently receive lower settlements than those with experienced RAF attorneys.
Our personal injury attorneys in South Africa handle RAF claims on a no-win, no-fee basis across the country.
Frequently Asked Questions
How long does an RAF claim take in South Africa?
An RAF claim typically takes between 2 and 5 years to finalise, depending on complexity. Simple claims with clear liability and documented injuries can sometimes settle faster; complex loss of income or serious injury claims take longer.
How much can you get from the RAF?
There is no fixed amount. Compensation depends on the severity of your injuries, your income, your age, and future medical needs. Serious injury claims can be worth millions of rands, while minor injury claims may settle for tens of thousands.
Can I claim from the RAF if I was a passenger?
Yes. Passengers have a strong claim against the RAF, as they are rarely responsible for an accident. Whether your driver, the other driver, or both were negligent, you can claim.
Does the RAF pay for pain and suffering?
Only for “serious injuries” as defined under Regulation 3 — typically a 30%+ Whole Person Impairment rating. Your attorney arranges a formal assessment by an appropriate medical specialist.
Can I still claim if the other driver was uninsured or unknown (hit and run)?
Yes. The RAF covers claims where the driver is uninsured or unidentified. Additional reporting requirements apply for hit-and-run accidents, including reporting to police within 14 days and to the RAF within 14 days of the accident.
Start Your RAF Claim With Expert Help
Road accident injuries can have lifelong consequences. Don’t leave compensation on the table by navigating the RAF process alone. Connect with specialist Road Accident Fund attorneys through our directory — most work on no-win, no-fee, so you have nothing to lose by getting started today.