Road Accident Fund Claims (RAF)
Expert Advocacy for Road Accident Victims
Masondo & Associates Inc are here to help you with Road Accident Fund Claims
Road Accident Fund Claims (RAF)
List of services
- Loss of income and future earning capacity claims
- General damages for pain, suffering, and disfigurement
- Serious injury assessment (SIA) process guidance
- Medical-legal report coordination with specialists
- Dependants' claims after road accident fatalities
- Hit-and-run and unidentified vehicle claims
The RAF Claims Process — Step by Step
1
Free
Consultation.
2
Evidence
Gathering.
3
Claim
Submission.
4
Negotiation or
Litigation.
Road Accident Fund Claims FAQ
What Is the Road Accident Fund?
The Road Accident Fund (RAF) is a state-supported insurance fund that provides compensation to victims of road accidents in South Africa — funded by a statutory fuel levy automatically included in the price of every litre of petrol or diesel purchased at the pump. Both South African citizens and foreign nationals injured in road accidents on South African roads are eligible to claim. The RAF covers the following heads of damage:
- Past and future medical expenses arising from the accident
- Loss of earnings if the injury prevented you from working
- General damages for pain, suffering, disfigurement, or loss of a bodily function — provided the injury qualifies as serious under the RAF’s assessment criteria
- Funeral expenses in the event of a fatality
- Loss of support for dependants of a breadwinner killed in a road accident
Who Can Claim from the RAF?
Drivers, passengers, pedestrians, cyclists, and motorcyclists involved in a road accident can all claim from the RAF — as long as they were not solely responsible for causing the accident. If you were partially at fault, your compensation will be reduced proportionately based on your degree of contributory negligence. Specific categories of eligible claimants include:
- Injured persons claiming for medical costs, loss of earnings, and general damages
- Dependants (spouse, children, or other family members) of a person killed in an accident — claiming loss of support
- Parents or legal guardians claiming on behalf of minors — with an unabridged birth certificate or court order required
The RAF also covers hit-and-run accident victims, although different prescription rules apply in those cases.
What Is the Step-by-Step RAF Claims Process?
Claiming from the RAF follows a structured process that must be adhered to carefully:
- Report the accident – Notify the nearest police station as soon as possible and obtain an official police accident report (AR number and sketch plan)
- Obtain medical treatment – Seek immediate medical care and retain all records, hospital bills, and doctors’ reports
- Complete the RAF claim forms – The primary form is the RAF 1 (for accidents from 1 August 2008 onwards); an RAF 4 form must be completed by a medical practitioner if you are claiming general damages for serious injuries
- Gather supporting documentation – Compile all required documents (see FAQ 4 below)
- Lodge the claim – Submit the completed forms and documents to the nearest RAF regional office in person or by registered mail — faxed or emailed documents are not accepted
- RAF assessment – The RAF has 120 days by law to respond, investigate the claim, request further information, or make an offer of settlement
- Legal proceedings / settlement – If the RAF does not settle within the prescribed timeframe, your attorney may issue summons in the High Court to enforce the claim
What Documents Do I Need to Claim from the RAF?
A complete and well-documented RAF claim significantly increases the probability of a successful outcome. The core documents required include:
- Certified copy of your ID or passport (or death certificate for fatal claims)
- Official police accident report and sketch plan
- Medical reports from all treating doctors, specialists, and hospitals
- RAF 1 claim form (and RAF 4 for serious injury general damages claims)
- Affidavit detailing the accident and injuries sustained
- Consent forms authorising the RAF to access your medical and financial records
- Payslips (3 years pre- and post-accident), tax records, and employer certificate (RAF 4 form) for loss of earnings claims
- Itemised tax invoices for past medical expenses and proof of payment
- Power of Attorney and contingency fee agreement if legally represented
How Long Do RAF Claims Take and What Are the Deadlines?
Time limits for RAF claims are strictly enforced and missing them can permanently destroy your right to compensation. The key deadlines are:
- 3 years from the date of the accident if the responsible driver is known
- 2 years from the date of the accident for hit-and-run incidents involving an unknown driver
In terms of processing time, straightforward unopposed or administratively settled claims can be resolved within 6 to 18 months, while contested or complex High Court matters — particularly those involving serious injuries, large loss of earnings claims, or disputes about liability — can take 3 to 5 years or longer.
Delays are commonly caused by the RAF requesting additional medical evaluations, disputes over whether injuries qualify as “serious,” and the RAF’s well-documented backlogs. Engaging an experienced RAF attorney from the outset is strongly recommended to manage deadlines, gather medico-legal reports, and prevent unnecessary delays.