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Claiming from the Road Accident Fund
The Road Accident Fund, or RAF, is a statutory body that, in terms of the provisions of the Road Accident Fund Act (Act 56 of 1996).
If you're injured in a road accident in South Africa, you may be able to claim compensation from the Road Accident Fund (RAF). But a RAF claim isn't the same as a car insurance claim, and understanding the difference can help you know where to turn after an accident.
The RAF is a statutory fund established under the Road Accident Fund Act 56 of 1996. It provides compensation for qualifying loss or damage arising from bodily injury or death caused by the negligent driving of motor vehicles in South Africa.
Here's what you need to know about who may claim, what you may claim for, important time limits and the information you'll need.
What is the Road Accident Fund?
The Road Accident Fund provides compulsory cover to road users in South Africa for qualifying loss resulting from bodily injury or death caused by the negligent driving of a motor vehicle.
This can include drivers, passengers, pedestrians and other road users, depending on the circumstances of the accident and responsibility for it.
It's important to understand that a RAF claim and a car insurance claim serve different purposes.
The RAF deals primarily with qualifying bodily injury and death-related compensation. It does not compensate you for damage to your vehicle or other property.
Who can claim from the Road Accident Fund?
According to current RAF guidance, potential claimants can include:
- a person injured in a motor vehicle accident, provided they weren't 100% responsible for causing it
- a dependant of someone who died in a motor vehicle accident, subject to the applicable requirements
- a close relative who incurred qualifying funeral expenses
- a parent or legal guardian acting for a minor
- certain other representatives recognised by the RAF process.
Eligibility depends on the circumstances, so being involved in a road accident doesn't automatically mean that compensation will be payable.
What can you claim from the RAF?
Depending on the circumstances and applicable requirements, RAF compensation may include:
Past and future medical expenses
Qualifying hospital, medical and related treatment costs resulting from injuries caused by the accident.
Past and future loss of income
If your injuries affect your ability to work or earn an income, qualifying past or future loss of earnings may form part of the claim.
Loss of support
Dependants of a breadwinner who dies following a qualifying road accident may be able to claim for loss of financial support.
Funeral expenses
Certain necessary funeral expenses may be claimed.
General damages for serious injuries
General damages relating to pain, suffering and disfigurement are subject to the RAF's serious-injury requirements.
These categories are reflected in the RAF's current claimant guidance and prescribed claim documentation.
Can you claim for damage to your car from the RAF?
No. The RAF does not compensate motorists for property damage.
This distinction is important.
A RAF claim deals with qualifying bodily injury or death-related losses. Damage to your vehicle is a separate matter and may instead involve your car insurance, another driver's insurer or recovery from the responsible party, depending on the circumstances.
If your vehicle has been damaged, notify your insurer promptly and follow the claims process required by your policy.
Miway's car insurance claims guide explains common questions about submitting an insurance claim.
How do you claim from the Road Accident Fund?
The RAF claim process requires prescribed documentation and supporting evidence.
Report and document the accident
Following an accident, record as much accurate information as you safely can.
This can include:
- police accident information and the relevant reference or case number
- names and contact information for people involved
- witness information
- photographs and other evidence
- vehicle and driver details
- medical treatment information.
The RAF specifically identifies police records, witness information and medical records among the documents claimants should retain or obtain.
For a more complete accident checklist, read MiWay's step-by-step guide on what to do after a car accident in South Africa
Get the relevant medical records
Medical evidence is particularly important because RAF compensation relates to injury and associated losses.
Keep records of:
- hospitals and medical facilities attended
- treating medical practitioners
- medical reports
- hospital and medical accounts
- ongoing treatment related to your injuries.
Complete the prescribed RAF claim forms
A RAF claim must be lodged using the prescribed documentation.
The RAF states that applicable sections of the claim form must be completed and relevant medical information supplied.
Incomplete information may result in the RAF requesting additional documentation before it can properly assess the claim.
Submit supporting evidence
Depending on the claim, this could include evidence relating to:
- injuries
- medical expenses
- loss of earnings
- loss of support
- funeral expenses
- the circumstances of the accident.
The documents required will depend on the nature of the claim.
The RAF assesses the claim
Once submitted, the RAF registers and investigates the claim.
According to its guidance, this involves considering whether the claim complies with statutory requirements, the degree of fault or negligence involved and the value of qualifying losses.
How long do you have to submit a RAF claim?
This is one of the most important parts of the process.
Where the identity of the negligent driver or vehicle owner is known, the Road Accident Fund Act generally provides a three-year prescription period from the date the cause of action arose.
Different requirements can apply where the responsible driver or vehicle owner cannot be identified, such as certain hit-and-run cases. Government and SANRAL guidance describes a two-year period for lodging these claims.
There are also circumstances where different rules or exceptions may apply.
Don't wait until a deadline is approaching before seeking information about your particular claim.
Do you need a lawyer to claim from the RAF?
Not necessarily.
The RAF states that a claimant can submit a direct claim without employing a lawyer and that RAF information officers can assist claimants. Alternatively, a claimant may choose to obtain legal representation.
Whether professional assistance is appropriate will depend on the circumstances and complexity of the claim.
How long does a RAF claim take?
There isn't one reliable timeframe that applies to every RAF claim.
The process can vary depending on the complexity of the accident, injuries involved, completeness of documentation, medical assessments, questions of negligence and whether disputes arise.
For that reason, the old claim-duration figure previously used in this article has not been carried forward.
Rather than relying on an average, make sure documentation is complete and keep track of correspondence and requests relating to your claim.
RAF claim vs car insurance claim: what's the difference?
This distinction can be confusing after an accident.
RAF claim
Primarily concerns qualifying bodily injury/death-related loss
Governed by the Road Accident Fund legislation
Property damage isn't covered by RAF
May involve medical expenses and loss of earnings
Submitted to the RAF
Car insurance claim
Can cover insured vehicle/property loss or damage
Governed by your insurance policy
Vehicle damage may be covered depending on your policy
May involve vehicle repair/replacement and other insured benefits
Submitted to your insurer
What documents should you keep after an accident?
Keep a complete accident file containing whatever applies to your circumstances, including:
- police accident documentation
- photographs
- witness details
- medical reports and records
- hospital and medical accounts
- proof of income or financial loss
- relevant receipts
- correspondence relating to the accident
- insurance claim information.
Don't discard original documents simply because you've submitted copies.
Road Accident Fund FAQs
Can a passenger claim from the RAF?
A passenger injured because of negligent driving may potentially qualify to claim, depending on the circumstances and RAF requirements.
Can a pedestrian claim from the RAF?
Potentially, yes. The RAF provides compulsory cover to qualifying road users, which can include pedestrians injured as a result of negligent driving.
Can you claim from RAF if you caused the accident?
A person who was 100% responsible for causing the accident generally cannot claim compensation for their own injuries. Where responsibility is shared, the circumstances and degree of fault can affect the claim.
Can RAF pay for damage to my car?
No. The RAF expressly states that property damage cannot be claimed from the Fund. Vehicle damage may instead involve car insurance or recovery from the responsible party.
How long do I have to claim from RAF?
Where the negligent driver or owner is identified, the general statutory prescription period is three years. Different rules apply in certain circumstances, including unidentified-driver cases.
Do I need an attorney to lodge a RAF claim?
No. The RAF states that claimants can lodge claims directly, although people may choose to obtain legal representation depending on their circumstances.
Know what to do after an accident
An accident can involve several different processes at once. Medical treatment, police reporting, a RAF claim and a car insurance claim may each have different requirements.
Knowing which process applies — and keeping accurate records from the beginning — can make the next steps easier.
If your vehicle has been damaged, learn how Miway's claims process works.
Looking for cover before the unexpected happens? Get a Miway car insurance quote.
