How Road Accident Fund claims work: a plain-language guide
Who the RAF is, who can claim, what can be claimed, and what the process actually looks like — explained without jargon, and without pretending the process is faster than it is.
The Road Accident Fund (RAF) is a statutory fund that compensates people injured in South African road accidents caused by the negligent driving of motor vehicles — and the dependants of people killed in such accidents. In most cases the law directs bodily-injury claims to the Fund rather than to the driver personally.
Who may claim
- Drivers and passengers injured through another driver's negligence
- Pedestrians and cyclists struck by vehicles
- Dependants of a breadwinner killed in an accident
- In defined circumstances, claimants in hit-and-run accidents where the driver is unknown — special rules and shorter time limits apply
Fault matters. If you were partly to blame, compensation can be reduced by your share of fault rather than excluded entirely. Whether an accident supports a claim at all depends on its own facts — not every accident qualifies, and an honest early assessment protects you from years of false expectation.
What may be claimed
- Past and future medical and hospital expenses
- Past and future loss of earnings or support
- General damages for pain and suffering — but only where the injury qualifies as serious under the statutory assessment rules
- Funeral expenses, in fatal claims
The process, honestly described
- Assessment: an attorney assesses the accident, the injuries and the statutory requirements.
- Preparation: prescribed claim forms, medical reports and supporting evidence are assembled. Serious-injury claims require medico-legal assessments.
- Lodgement: the claim is lodged with the Fund, which has a statutory period to investigate before litigation can begin.
- Negotiation or litigation: many claims settle; where the Fund's offer does not fairly reflect the claim, the matter goes to court.
RAF matters commonly take years rather than months. An attorney cannot honestly promise you a date — but active management, complete paperwork and properly prepared evidence prevent the avoidable delays, which are the ones that hurt.
Time limits
RAF claims are subject to fixed statutory time limits, and the rules differ depending on whether the driver is identified. Hit-and-run claims in particular involve shorter deadlines. Because a missed deadline can end a claim entirely, treat time as urgent and take advice early rather than relying on any general rule you read online — including this one.
This guide explains the process in general terms only. It is not legal advice, and reading it creates no attorney-client relationship. Whether you have a claim, what it may be worth and which deadlines apply can only be assessed on your matter's own facts.
About this article. General legal information for South Africa, current at the last review date shown above. It is not legal advice, it may not reflect changes in the law since review, and reading it creates no attorney-client relationship. For advice on your own situation, see Motor vehicle accidents / RAF or contact the firm.