One of the most important — and most missed — aspects of a Road Accident Fund (RAF) claim in South Africa is the time limit. Miss the deadline and you lose your right to claim permanently, regardless of how strong your case is. This guide explains the RAF prescription periods, what happens if you’re late, and how to make sure your claim is protected.
The Standard RAF Prescription Period: 3 Years
Under Section 23 of the Road Accident Fund Act 56 of 1996, a claim against the RAF prescribes (expires) after 3 years. The 3-year period runs from the date on which:
- The cause of action arose — generally the date of the accident
- OR — for claims involving future medical costs or future loss of income where the full extent of harm was not immediately apparent — from the date the claimant had sufficient knowledge of the facts to bring the claim
This means that if you were injured in a car accident on 1 April 2023, you must have initiated your claim against the RAF by 1 April 2026 (or have a valid basis to argue delayed discoverability).
Important: The 3-year period applies to bodily injury (personal injury) claims. For property damage claims, stricter and shorter time periods apply.
Special Rule: Minors and Mentally Incapacitated Persons
For victims who were minors (under 18) at the time of the accident, the 3-year prescription period does not begin to run until they turn 18. This means a child injured at age 5 has until age 21 to claim.
Similarly, prescription is suspended for persons who are mentally incapacitated. Once capacity is regained, the 3-year period begins.
However, it’s always advisable to act early — evidence deteriorates over time, witnesses become unavailable, and medical records can be lost. Road Accident Fund attorneys recommend beginning the claims process as soon as possible after the accident.
Hit-and-Run Accidents: Special Requirements and Shorter Deadlines
If you were injured by an unidentified driver (hit and run), the RAF Act imposes additional, stricter requirements:
- The accident must be reported to the South African Police Service (SAPS) within 14 days of the accident
- Notice of the claim must be given to the RAF within 14 days of the accident
- A statement to SAPS and to the RAF must be provided within these timeframes
Failure to comply with these requirements can result in the RAF refusing the claim, even if you’re still within the 3-year prescription period.
What Happens If You’ve Missed the Deadline?
If you’ve missed the 3-year prescription period, you are generally time-barred from claiming. However, there are limited exceptions:
- Delayed discoverability: If you only became aware of the injury or its connection to the accident after the accident date (e.g., a slow-developing spinal condition), prescription may run from the date of discovery rather than the accident date. This is argued under the Truter and Another v Deysel principle.
- Minors and mental incapacity: As discussed above, prescription doesn’t run during minority or incapacity.
- Fraudulent concealment or inducing claimant to delay: In rare cases where the RAF’s conduct contributed to the delay.
These exceptions are narrow and require expert legal argument. If you think you may be out of time, consult a personal injury attorney immediately — don’t assume your claim is lost without getting professional advice.
How to Stop the Clock: Interrupting Prescription
Prescription is interrupted — meaning the 3-year clock stops — when:
- The RAF acknowledges your claim in writing
- You issue summons against the RAF (this is the definitive way to interrupt prescription)
Simply submitting a claim form to the RAF does not interrupt prescription. If no settlement is reached, your attorney must issue summons before the 3-year period expires to protect your claim.
Frequently Asked Questions
How long do you have to claim from the RAF after a car accident?
You have 3 years from the date of the accident (or from when you reasonably could have known about the claim) to bring an RAF bodily injury claim. Missing this deadline means losing your right to claim.
Does submitting an RAF claim form stop the prescription period?
No. Submitting a claim form (RAF Form 1) does not interrupt prescription. Only a written acknowledgment from the RAF or the issuing of summons will stop the prescription clock. Always ensure summons is issued before the 3-year deadline if no settlement is reached.
What is the time limit for an RAF claim if the victim was a child?
For minor victims, prescription only begins to run when they turn 18. A child injured at age 10 would have until age 21 to bring a claim. However, claiming early is always better as evidence is fresher and easier to gather.
Can I still claim from the RAF if the accident happened more than 3 years ago?
Generally no — unless you qualify under the delayed discoverability exception, were a minor at the time, or were mentally incapacitated. These exceptions are narrow. Consult an attorney immediately to assess your specific situation.
Is there a time limit for reporting a hit-and-run accident to claim from the RAF?
Yes — strict deadlines apply. You must report the accident to SAPS and notify the RAF within 14 days. Failure to comply with this requirement can bar your claim even if you’re within the general 3-year prescription period.
Don’t Let Time Run Out on Your RAF Claim
Every day you delay is a day closer to losing your right to compensation. If you or a family member was injured in a road accident — even years ago — speak to a specialist attorney today to assess whether your claim is still alive. Our directory connects you with experienced Road Accident Fund attorneys across South Africa who can evaluate your case and take immediate action to protect your rights.