How to Claim from the Road Accident Fund (RAF)
Injured in a car accident? Learn how to claim compensation from the RAF, what you can claim for, and whether you need a lawyer.
What is the Road Accident Fund?
The Road Accident Fund (RAF) is a state insurer established to provide compensation to the victims of road accidents in South Africa. If you have been injured—or a breadwinner has been killed—due to the negligent driving of another person, you may be entitled to claim.
Who Can Claim?
You can claim if you are:
- A driver (provided you were not the sole cause of the accident).
- A passenger in a vehicle.
- A pedestrian.
- A cyclist or motorcyclist.
- A dependent of a deceased breadwinner.
What Can You Claim For?
The RAF covers several heads of damages:
- Past and Future Medical Expenses: Costs for hospital stays, surgery, medication, and ongoing therapy.
- Loss of Earnings: If you cannot work due to your injuries, or if your ability to earn an income in the future is compromised.
- General Damages: Compensation for pain, suffering, and loss of amenities of life (only for "serious injuries" as assessed by a doctor).
- Loss of Support: For dependents if a breadwinner passes away.
- Funeral Costs: Limited coverage for cremation or burial.
The Claims Process
1. Gather Evidence: You need the accident report (OAR), medical reports, witness statements, and proof of income.
2. Lodging the Claim: You must complete the prescribed RAF 1 form. This must be submitted within 3 years of the accident (or 2 years if the driver is unidentified/hit-and-run).
3. Investigation: The RAF has 120 days to investigate your claim.
4. Settlement or Litigation: The RAF may make an offer. If it is too low or they reject liability, your attorney will issue a summons to take the matter to court.
Do You Need a Lawyer?
While you can claim directly, the process is complex and bureaucratic. "Direct claims" often result in lower settlements (under-settlement) or prescription (time running out). Most personal injury attorneys work on a "no win, no fee" basis (contingency fee), taking a percentage of the payout (capped at 25% + VAT), which ensures you get professional representation without upfront costs.