Motor vehicle accidents and RAF claims
For drivers, passengers, pedestrians and cyclists injured on South African roads.
What this covers — and what it doesn't
Most claims for bodily injury in South African road accidents are made against the Road Accident Fund (RAF), a statutory fund that compensates people injured through the negligent driving of motor vehicles. In many cases the law directs the injury claim to the RAF rather than to the individual driver.
The RAF process is statutory and procedural: prescribed forms, medical reports, strict time limits, and assessment rules — including thresholds that affect general-damages claims for less serious injuries. Whether an accident supports a claim, and what may be claimed, depends on its own facts; not every accident qualifies, and we will tell you honestly where yours stands.
Separate from the RAF process, some matters involve private claims — for example vehicle damage, or claims where the RAF regime does not apply. We explain which route applies to your situation and handle the correct one.
- Injured as a driver or passenger in a collision
- A pedestrian or cyclist struck by a vehicle
- A hit-and-run where the driver is unknown (special rules and shorter time limits apply)
- A breadwinner killed in a road accident — dependants may have a claim
- Serious injuries with long-term effects on work and daily life
Examples only — never a conclusive legal test. Whether a claim exists always depends on the facts and evidence of the specific matter.
What to keep safe, starting now
- Get medical attention immediately — some injuries only show later, and early records matter
- Report the accident to the police and keep the case/accident report number
- Photograph the scene, vehicles, road conditions and your injuries if safe
- Keep the details of the other driver(s), vehicles and any witnesses
- Keep every medical record and account, and proof of income if you lose earnings
- Do not accept quick settlement offers before getting advice
RAF claims have fixed statutory time limits that differ depending on whether the driver is identified. Missing them can end the claim entirely. Contact an attorney promptly.
Leshilo Attorneys Incorporated · 11 Rabe Street, Corner President Paul Kruger Street, Polokwane Central, Polokwane · 015 280 0070 · leshiloattorneys.com
The path to resolution
High-level stages — matters differ, experts may be involved, and honest uncertainty is part of proper advice.
Fees are agreed in writing before work starts — no verbal fee promises, here or anywhere. Depending on the matter, regulated contingency ("no win, no fee") arrangements may be available, subject to the legal caps and formalities. How fees work, in plain language.
Tell us about the accident
When, where, who was involved, and what injuries followed. The police report reference helps.
Claim assessment
We assess which route applies — RAF or otherwise — and whether the statutory requirements can be met.
Preparation and lodgement
Prescribed forms, medical-legal assessments and supporting evidence, lodged correctly and in time.
Negotiation and finalisation
We deal with the Fund's offers, and litigate where an offer does not fairly reflect the claim.
- Can I claim if the accident was partly my fault?
- Possibly — compensation can be reduced by your share of fault rather than excluded entirely. The facts and evidence decide it, so ask before assuming you have no claim.
- Can I claim if the driver who hit me was never found?
- Hit-and-run claims are possible, but they follow special rules with shorter time limits, so it is important to act quickly.
- How long does an RAF claim take?
- RAF matters commonly take years rather than months, and timing is affected by the Fund's own processes. We manage the claim actively and keep you informed rather than making promises about dates.
Answers last reviewed 15 July 2026 · Jurisdiction: South Africa · see the disclaimer.
Who works on these matters
From the briefing room
The first 24 hours after an accident: what to record, keep and avoid
The evidence that decides injury claims is often created — or lost — in the first day. A practical, printable guide to protecting your health first and your claim second.
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.
Prescription and time limits: why waiting can cost you your claim
Claims expire. Some quietly, some quickly, and some in ways that surprise people — notice periods for state defendants, special RAF rules, and the narrow exceptions. Why 'I'll deal with it later' is the most expensive sentence in personal injury law.
The confidential next step.
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Submitting an enquiry does not create an attorney-client relationship. We confirm receipt, review conflicts and suitability, and agree any engagement in writing.
This page is general information, not legal advice. No attorney-client relationship exists until an engagement is agreed in writing. Outcomes depend on the facts, evidence and law of each matter, and past results do not guarantee future outcomes. Deadlines can be short — do not rely on this website to determine or preserve them.