Road Accident Fund Claims | How To Lodge A Valid Claim In South Africa

A valid Road Accident Fund claim in South Africa requires the claimant to prove bodily injury caused by the negligent driving of a motor vehicle on a South African road, supported by a South African Police Service (SAPS) accident report (CAS number) and lodged with the RAF on Form RAF 1 within the three-year prescription period under the Road Accident Fund Act 56 of 1996. The RAF compensates victims for past and future medical expenses, past and future loss of earnings, general damages for pain and suffering where the injury meets the threshold set by the Act, and loss of support for dependants in fatal cases — but the claim is invalid if the SAPS report is missing, if RAF Form 1 is lodged after the three-year prescription period, or if the supporting medical and financial evidence is incomplete. Where the RAF rejects a claim or offers inadequate compensation, the dispute is litigated as a civil action against the Fund under section 18 of the Act in the Magistrate’s Court (for claims under R400,000) or the relevant High Court division (for claims above that threshold).

What the Road Accident Fund Is and Who It Compensates

The Road Accident Fund (RAF) is a statutory insurer established under the Road Accident Fund Act 56 of 1996 (as amended by the RAF Amendment Act 19 of 2005) to compensate victims of motor vehicle accidents on South African roads. It is a Schedule 2 public entity under the Public Finance Management Act 1 of 1999, reporting to the Minister of Transport, and it pays out of a fuel levy on petrol and diesel — there is no direct premium relationship between road users and the RAF in the way private short-term insurance works.

A claimant is the person who suffered bodily injury as a result of a motor vehicle accident, or in fatal cases, the deceased’s dependants or a close family member claiming on behalf of the estate. The “wrongful” element is built into the statutory framework: the RAF compensates regardless of fault in most cases (own-fault drivers can still claim for passengers’ injuries), but third-party claims against negligent drivers are channelled through the Fund rather than through the at-fault driver’s liability insurer. The Fund is the default route for any bodily injury caused by a motor vehicle on a South African road — and Burger Huyser Attorneys runs this category of work through its general litigation practice, with Director Nadine Roesch-Prinsloo (Head of General Litigation, Roodepoort branch) named in the firm’s published team summary as a specialist in MVA claims and insurance repudiations.

What You Can Claim From the RAF

The categories of loss that the RAF compensates are set out in the Act and its amendments. A valid claim typically combines several of the following:

• Past and future medical expenses — reasonable costs of hospitalisation, surgery, medication, physiotherapy, occupational therapy, prosthetics, and assistive devices, supported by medical reports and invoices.
• Past and future loss of earnings — calculated on the income the claimant has lost and is reasonably expected to lose as a result of the injury, supported by payslips, tax returns and actuarial calculations.
• General damages (pain and suffering, loss of amenities of life, disfigurement) — only payable where the injury meets the statutory seriousness threshold under section 17 of the RAF Act, a long-standing “serious injury” threshold distinct from the general damages cap introduced by later amendments.
• Loss of support — in fatal cases, the dependants of the deceased can claim for the loss of financial support they would have received.
• Funeral expenses — in fatal cases, reasonable funeral costs can be recovered.
• Domestic assistance — the cost of services the claimant can no longer perform themselves as a result of the injury.

Property damage to vehicles is not covered by the RAF — that is dealt with through the negligent driver’s short-term insurer under the direct-claim provisions of the Insurance Act 18 of 2017.

Who Is Excluded From Claiming

The Act draws clear lines around who can and cannot claim:

• The driver of the vehicle that caused the accident cannot claim against the RAF for their own bodily injury — the claim is for injury caused by motor vehicle accidents, not for the negligent driver themselves in most situations.
• Where the accident was caused intentionally by the claimant, claims are excluded under section 4 of the RAF Act.
• Claims related to accidents occurring outside South Africa are not covered — the statutory framework applies only to accidents “on a road in the Republic.”
• Accidents involving motor vehicles being used for military or police purposes in the course of duty are also excluded.

The Document Checklist: What You Need Before You Lodge

A claim is only as strong as the supporting documents that go in with Form RAF 1. The standard bundle includes the following:

Document	Source	Why it matters
SAPS accident report (CAS number / CAS form)	Police station with jurisdiction over the accident scene	Establishes that the accident was reported; report should be opened within 24 hours or as soon as practicable.
J88 form	Completed by the attending SAPS officer	Records vehicles, parties, witnesses and a brief description of the accident scene.
Medical records	Hospital, casualty unit, treating doctors	Hospital files, casualty reports, specialist reports, scripts and pharmacy receipts.
Specialist medical report	Treating specialist (orthopaedic surgeon, neurosurgeon, etc.)	Addresses nature of injury, treatment received, prognosis and any future impairment.
Payslips and IRP5/IT3 forms	Employer / SARS	Proves pre-accident income for loss-of-earnings claims.
Tax returns (three years pre-accident)	SARS	For self-employed claimants, establishes the income baseline.
Identity document	Home Affairs	Certified copy of the claimant’s ID.
Death certificate and post-mortem report	Home Affairs / Forensic Pathology Service	In fatal cases, required for dependants and estate claims.
Marriage certificate and birth certificates	Home Affairs	In fatal cases, proves the dependant relationship for loss-of-support claims.

How To Lodge a Valid Claim: Step by Step

1. Report the accident to SAPS. Open a CAS case at the police station with jurisdiction over the accident scene, obtain a CAS number, and ensure the J88 form is completed by the attending officer. A medical assessment done at a hospital casualty unit typically generates an accompanying clinical record that anchors the bodily-injury element.
2. Receive medical treatment and preserve records. Keep every hospital file, script, X-ray, MRI, specialist report and receipt. Gaps in treatment are routinely used by the RAF to dispute causation.
3. Identify the parties to the claim. Record the driver and registered owner of the other vehicle (or the driver and owner of the vehicle that injured a pedestrian), their vehicle registration details, and the identity of any witnesses.
4. Send a section 19 notice. Formally notify the driver and owner of the vehicle believed to have caused the accident of your intention to claim, including the time, date, place and circumstances of the accident. This is not strictly a lodgement step, but it preserves rights and triggers the relevant insurer’s statutory notice obligations.
5. Complete Form RAF 1. The official Claim for Compensation form is published by the Road Accident Fund and is available from the RAF website, any RAF regional office, or a specialist RAF attorney. The form requires personal details, accident details, particulars of injury, and the identity of the parties.
6. Attach the supporting documents. The medical reports, SAPS report, ID copy, proof of income, and (in fatal cases) death certificate and dependant proof go in with Form RAF 1 as the claim file.
7. Lodge the claim with the RAF. Submit Form RAF 1 and the supporting bundle to the RAF’s claims office (or by registered post to preserve proof of delivery), and obtain written acknowledgement of receipt.
8. Wait for the RAF’s decision on liability and quantum. The RAF is statutorily expected to investigate and either accept the claim, make a settlement offer, or repudiate (reject) it. The statutory timeframes have historically been poorly observed, and many claims take 12 to 36 months for a first decision.
9. Accept, negotiate, or litigate. If the offer is acceptable, settlement concludes the claim. If not, the next step is to file summons in the appropriate court against the Fund under section 18 of the RAF Act.

Time Limits: When a Claim Becomes Invalid

The RAF claim process is governed by strict prescription periods:

Rule	Effect on the claim
Three-year prescription	A claim prescribes (becomes legally time-barred) three years from the date of the accident, or in fatal cases three years from the date of death. Governed by the RAF Act and the Prescription Act 68 of 1969.
Date-of-knowledge rule	Where the injury or its full extent was not reasonably discoverable on the date of the accident (for example, an internal injury diagnosed months later), the prescription period may run from the date on which the claimant knew or ought to have known the relevant facts.
Minors and persons under curatorship	Special prescription rules apply to claims by children and persons under legal disability, which generally extend the prescription period. The time bar does not run against a minor in the same way, but a parent or guardian should still lodge promptly.
Late lodgement after prescription	Once prescribed, a claim is invalid and can only be revived through a court application to extend the prescription period, which is rarely granted and depends on the claimant showing sufficient reason for the delay.

Common Reasons Claims Are Rejected or Delayed

The RAF and its attorneys deploy a predictable set of defences. Knowing them in advance is the best way to build a file that does not fall over on a technicality:

• Missing or incomplete SAPS report — no CAS number, no J88 form, or a report that contradicts the medical evidence.
• Insufficient medical evidence — generic GP notes without a specialist report quantifying the injury, prognosis and future impairment.
• Gaps in treatment — extended periods with no medical attention raise a presumption of exaggeration.
• Quantification problems — a loss-of-earnings claim supported only by informal income (“cash jobs”) is much harder to prove than one supported by payslips and tax returns.
• Failure to mitigate — claimants who refuse reasonable medical treatment recommended by specialists weaken their claims.
• Identity disputes — where the claimant cannot prove who was driving the negligent vehicle, or where the vehicle identity is contested.
• Section 4 exclusions — claims where the RAF alleges the injury was caused intentionally by the claimant, or where the accident involved a motor vehicle being used for military or police purposes in the course of duty.

A specialist RAF claims attorney will pre-empt each of these points by securing the SAPS report promptly, commissioning an independent specialist medical report at the right point in recovery, and building the loss-of-earnings calculation on documented income rather than estimates.

What Happens After the RAF Rejects or Under-Pays the Claim

Once the RAF repudiates a claim or makes an offer that does not meet the pleaded quantum, the matter moves into litigation:

• Statutory dispute resolution. The claimant files a summons in the appropriate court against the Road Accident Fund under section 18 of the RAF Act, with the Fund named as the defendant (not the negligent driver directly, in most cases).
• Magistrate’s Court jurisdiction. Claims up to R400,000 in quantum are filed in the Magistrate’s Court for the district where the accident occurred or where the claimant resides.
• High Court jurisdiction. Claims above R400,000 are filed in the High Court with jurisdiction — in Gauteng, this is the Gauteng Division sitting in Johannesburg or Pretoria, depending on the magisterial district of the accident or the claimant’s residence.
• Pleadings, discovery and trial. The matter proceeds under the ordinary civil-action procedure, with the RAF filing a plea, the parties exchanging documents in discovery, and the matter being set down for trial if settlement negotiations fail.
• Settlement during litigation. The majority of contested RAF claims settle before trial, with the quantum adjusted based on actuarial and expert evidence. The role of the RAF claims attorney is to build the evidentiary record that supports a settlement closer to the pleaded quantum.
• Post-settlement administration. Once the settlement is made an order of court, the RAF pays out the settlement amount directly to the claimant or their attorney, and the file is closed.

The Gauteng Division rolls at Johannesburg and Pretoria, and the regional Magistrate’s Court rolls across the province, are where the bulk of contested RAF files eventually resolve — and Burger Huyser Attorneys’ general litigation practice is set up to run files through both.

Comparison: RAF Claim vs Civil Action Against the Negligent Driver

Not every motor vehicle claim runs through the RAF. The table below sets out the three routes a claimant typically considers after a road accident in South Africa:

Route	What it covers	Who you claim against	Funding	Typical use
RAF claim (statutory)	Bodily injury only (medical, loss of earnings, general damages, loss of support)	The Road Accident Fund as statutory insurer	No upfront cost to the claimant; fees typically on a contingency basis with the RAF	All motor-vehicle bodily-injury claims on SA roads — the default route
Civil action against negligent driver (common-law delict)	Pure economic loss, consequential loss, and limited categories where the RAF does not indemnify	The negligent driver personally (and their liability insurer)	Plaintiff must prove fault and quantum; attorney fees typically contingency-based	Used in tandem with the RAF claim, or in limited residual cases not covered by the Act
Direct claim against driver’s liability insurer	Property damage only (vehicle damage, towing, storage)	The driver’s short-term insurer (under the Insurance Act 18 of 2017’s direct-claim provisions for third-party claims)	Insurance Act section 14 direct-claim procedure	Vehicle damage claims — separate from the RAF’s bodily-injury mandate

Recent Legislative Context: The RAF Amendment Acts and Pending Changes

The statutory framework has been in active reform over the past decade:

• The Road Accident Fund Amendment Act 2023 was signed into law, but its effective date has been subject to implementation challenges and constitutional challenge. The Bill introduced income-based caps on loss-of-earnings claims and other structural reforms intended to address the RAF’s chronic claims-payment deficit.
• Practitioners and claimants should confirm the operative date and any successor legislation directly with the Road Accident Fund and the Department of Transport before relying on the specific quantum caps, since this area of law has been in flux.
• The RAF’s financial sustainability has been a recurring subject of National Treasury and judicial scrutiny, and the litigation timeline for disputed claims has lengthened materially over the past decade as a result.
• Despite this, the statutory entitlement to compensation under the RAF Act remains in force, and lodgement of a properly documented claim remains the claimant’s primary right.

Filing in the Magistrate’s Court or the Gauteng Division of the High Court

The substantive statutory framework is national under the Road Accident Fund Act 56 of 1996 and applies identically across South Africa — there is no city-specific rule that changes whether a claimant qualifies for compensation or how Form RAF 1 is lodged. What is geographically variable is the litigation layer.

Claims under R400,000 in quantum are filed in the Magistrate’s Court for the district where the accident occurred or where the claimant resides. Claims above R400,000 are filed in the High Court with jurisdiction. In Gauteng, that is the Gauteng Division of the High Court, sitting in both Johannesburg and Pretoria, and the seat is determined by the magisterial district of the accident or the claimant’s residence. Practitioners routinely consider which seat’s roll is shorter when advising on whether to push for an early hearing date.

Burger Huyser Attorneys’ RAF work reaches into the Gauteng Division’s High Court motion and trial rolls (Johannesburg and Pretoria seats) and the regional Magistrate’s Court rolls across Gauteng. Files are anchored at the Linden/Randburg head office (49 First Avenue, Linden, Randburg, 011 888 0246), with intake available at the Roodepoort branch (011 668 0030), and overflow support from the broader firm’s branch network across Bedfordview, Alberton, Sandton, Centurion, Pretoria/Menlyn and Midrand. Claimants anywhere in Gauteng can be seen at the most convenient branch, with the file then routed to the litigation practice for handling.

Choosing the Right RAF Attorney

When choosing an attorney to run an RAF claim, the criteria that matter are:

• Specialist MVA / RAF practice. The attorney should run RAF files as a core part of their practice, not as an occasional matter.
• Litigation capacity through to trial. Most contested RAF files settle before trial, but the quantum is shaped by how trial-ready the file is. An attorney who can run the matter in the High Court or Magistrate’s Court if needed will secure a materially better settlement.
• Access to actuarial and medical expert networks. Loss-of-earnings claims and general damages both depend on independent expert reports commissioned at the right stage of the claim.
• Contingency-fee structure with clear terms. Most RAF firms operate on contingency, but the percentage and the costs the claimant remains liable for should be transparent from the start.
• Branches across the province. For claimants anywhere in Gauteng, intake at a conveniently located branch saves travel and keeps the file moving.

Burger Huyser Attorneys’ general litigation practice is structured around this profile: Director Nadine Roesch-Prinsloo heads the practice from the Roodepoort branch with a stated specialty in MVA claims and insurance repudiations, the litigation team can run contested files in the Gauteng Division (Johannesburg and Pretoria seats) and the regional Magistrate’s Courts, and the firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified).

Frequently Asked Questions

How long do I have to lodge an RAF claim after a motor vehicle accident in South Africa?

Three years from the date of the accident, or three years from the date of death in fatal cases. The date-of-knowledge rule may extend this period where the injury or its full extent could not reasonably have been diagnosed on the date of the accident, and special rules apply to minors and persons under legal disability. Once the prescription period has expired, the claim is invalid unless a court grants an extension on good cause shown.

What does the RAF actually pay out for?

The RAF compensates victims of motor vehicle accidents on South African roads for past and future medical expenses, past and future loss of earnings (subject to the income calculation rules in the RAF Act and any applicable amendments), general damages for pain and suffering where the injury meets the statutory seriousness threshold under section 17 of the Act, loss of support for dependants in fatal cases, and funeral expenses in fatal cases. Property damage to vehicles is not covered by the RAF — that is dealt with through the negligent driver’s short-term insurer under the Insurance Act 18 of 2017.

What is Form RAF 1 and where do I get it?

Form RAF 1 is the official Claim for Compensation form published by the Road Accident Fund. It is available from the RAF’s website, from any RAF regional office, or from a specialist RAF claims attorney. The form records the claimant’s personal details, the particulars of the accident, the nature of the injury, the parties involved, and the categories of loss being claimed. It must be lodged together with the supporting documents listed in the document checklist above.

Do I need a lawyer to lodge an RAF claim, or can I do it myself?

A claimant may lodge Form RAF 1 personally without an attorney. In practice, however, the bulk of RAF claims — particularly those involving general damages, future loss of earnings, or any anticipated dispute — are run by specialist RAF attorneys on a contingency-fee basis, because the quantum calculation requires actuarial and expert evidence, the supporting documentation is technical, and the response to a rejection or under-offer requires litigation in the Magistrate’s Court or High Court. Self-represented claims are most viable for short, well-documented medical-expenses-only claims with no general-damages element.

What makes an RAF claim invalid?

The most common reasons are: no SAPS accident report (CAS number and J88 form); lodgement after the three-year prescription period; insufficient medical or financial evidence to prove the injury or the quantum; gaps in treatment suggesting exaggeration; failure to prove the identity of the negligent driver; and section 4 exclusions (intentional injury, accidents involving military or police vehicles in operational duty). A valid claim is one that is lodged on RAF Form 1 within three years, supported by a SAPS report, contemporaneous medical records, and a properly quantified loss.

How long does an RAF claim take to settle?

Undisputed claims routinely take 12 to 36 months from lodgement to first payment, and disputed claims that proceed to litigation can take three to six years to resolve, depending on court roll, the RAF’s defence posture, and the complexity of the quantum (general damages, future loss of earnings, and actuarial evidence all add time). Specialist RAF attorneys typically push settlement during the litigation discovery phase rather than at trial, because trial-ready files with complete expert reports tend to settle at materially higher quantum.

What happens if the RAF rejects my claim?

The claimant issues summons against the Road Accident Fund under section 18 of the RAF Act in the Magistrate’s Court (for claims up to R400,000) or the High Court (for claims above R400,000), naming the Fund as the defendant. The matter then follows ordinary civil-action procedure — plea, discovery, expert notices, settlement negotiations, and trial if no settlement is reached. The majority of contested RAF claims settle before trial, with quantum adjusted by the strength of the medical, actuarial and financial evidence on record.

Book a first consultation with Burger Huyser Attorneys. If you have been injured in a motor vehicle accident in South Africa and need to lodge or defend an RAF claim, Burger Huyser Attorneys’ general litigation practice can take the file from first lodgement through to settlement or trial. Director Nadine Roesch-Prinsloo heads the firm’s general litigation work from the Roodepoort branch and specialises in MVA claims and insurance repudiations, with the broader litigation team able to handle contested files in the Gauteng Division of the High Court (Johannesburg and Pretoria seats) and the regional Magistrate’s Courts. The firm’s head office is in Linden, Randburg (011 888 0246), with intake available at any of the Gauteng branches — book a first consultation at the branch nearest you and bring your ID, the SAPS accident report (CAS number), hospital and specialist medical reports, payslips or tax records for the three years before the accident, and any correspondence you have already received from the RAF or from the other driver’s insurer. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and offers contingency-fee arrangements on standard MVA claim files.