How Much Does the Road Accident Fund Pay in South Africa?

The Road Accident Fund pays out under four recognised heads of damage: general damages (pain, suffering, and loss of amenities of life), past and future loss of earnings, past and future medical and related expenses, and loss of support for the dependants of a deceased victim. General damages are paid against a statutory cap that is adjusted annually, and loss of earnings is also subject to a separate annual cap. The exact amount the RAF pays depends on the documented extent of the injury, the loss that can be proven, and which head of damage is being claimed — there is no single “RAF payout” figure, and any answer that quotes one number across all claim types is over-simplifying.

How RAF Payouts Are Structured: The Four Heads of Damage

An RAF claim is not a single amount for “the accident.” It is a bundle of separate claims, each with its own rules of evidence, its own calculation method, and in some cases its own statutory cap. A claimant who proves three of the four heads but ignores the fourth leaves money on the table; a claimant who conflates all four into one estimate will under-settle the file.

Head of Damage	What It Compensates	How It Is Calculated
General damages	Pain, suffering, loss of amenities of life, and shortening of life expectancy	Statutory cap adjusted annually by the Minister of Transport; severity of injury drives the figure within the cap
Past loss of earnings	Income actually lost between accident date and settlement date	Pre-accident earnings × period of lost income, often with a contingency deduction for accelerated receipt of a lump sum
Future loss of earnings	Projected income loss from settlement date onward	Actuarial multiplier applied to annual loss; subject to a separate annual statutory cap
Past medical and related expenses	Medical treatment, hospitalisation, and related costs already incurred	Paid against the published RAF tariff for past medical expenses
Future medical and related expenses	Ongoing and future medical care, surgery, rehabilitation, assistive devices, and care	Paid on a “reasonable” basis, not against the tariff
Loss of support	Dependants’ claim where the accident caused death	Calculated on the deceased’s earnings pattern and the dependency support actually provided

General Damages: The Statutory Cap and What It Means

The general damages cap is set by the Minister of Transport and published in the Government Gazette. It is adjusted periodically (typically annually), and the current figure must be confirmed against the latest notice before any specific amount is quoted to a client. Where the general damages claim exceeds the cap, the claimant receives the capped amount; the cap is not waivable in a standard claim.

Under the section 17 regime (pre-2024 dispensation), the “serious injury” threshold had to be passed before general damages were payable at all. The new RAF Act regime restructures this requirement, and the current position should be verified before relying on the old test for any recent claim. The severity of the injury — as documented in medical reports and, where applicable, the historical RAF 4 form — drives the general damages figure within the cap. Catastrophic injuries (spinal cord injury, traumatic brain injury, amputation) sit at the upper end; minor soft-tissue injuries sit at the bottom.

Loss of Earnings: How the Cap and the Calculation Work

Loss of earnings is subject to a separate annual statutory cap, set by the Minister and adjusted periodically; the current cap must be verified before any figure is quoted. The two sub-heads are calculated differently.

1. Past loss of earnings is calculated as actual pre-accident earnings × the period of lost income from the accident date to the settlement date, often with a contingency deduction (commonly around 25% for past loss of earnings, depending on the facts) for the accelerated receipt of a lump sum.
2. Future loss of earnings uses an actuarial multiplier applied to the annual loss projected from settlement onwards. The multiplier depends on the claimant’s age, work-life expectancy, and the nature of the injury.

The claimant’s duty is to prove the loss with payslips, IRP5/IT3 certificates, tax returns, and (where self-employed) financial statements and business records. Clean documentation is the single biggest driver of an agreed loss-of-earnings figure.

Medical Expenses: Tariff vs. Reasonable Cost

Medical expenses are split across two different payment regimes, which catches many claimants by surprise.

Sub-head	Payment Basis	Practical Effect
Past medical expenses	Against the published RAF tariff	Private providers may charge above tariff; the claimant is liable for the shortfall
Future medical expenses	“Reasonable” basis — cost of treatment reasonably required to maintain the claimant’s condition	Covers future surgery, prescription medication, physiotherapy, occupational therapy, assistive devices, and home or vehicle modifications

The claimant must obtain a medical report from a treating specialist quantifying the future medical needs. The RAF will often instruct its own expert to verify the prognosis and the cost, and the difference between the two reports is usually where the dispute lives.

Loss of Support: How Dependants Are Compensated

Where the accident caused a death, the deceased’s dependants can claim for the loss of the support the deceased would have provided. The calculation is based on the deceased’s actual earnings pattern, the percentage of income spent on the dependants, and the length of the support period.

• Common dependants include the surviving spouse, minor children, and other family members who were actually dependent on the deceased’s income at the time of the accident.
• The claim is brought by an executor or by a curator ad litem appointed for minor dependants.

Loss-of-support claims are typically the most heavily documented of the four heads, because the calculation turns on the deceased’s historical earnings, the dependency ratio, and the projected length of support — all of which the RAF will scrutinise in detail.

What Affects the Final Payout Amount

The same set of facts can produce very different payouts depending on how the claim is presented. Five factors move the number most.

• The strength of the medical evidence. A well-prepared specialist report quantifying the injury, future limitations, and future medical needs typically produces a higher settlement than a vague GP letter.
• The documentation of loss of earnings. Clean records (payslips, tax returns, IRP5s) shorten the dispute and increase the amounts that can be agreed without trial.
• Liability disputes. Where the RAF disputes liability (for example, alleges the claimant was the sole cause of the accident), the matter can take longer and produce a lower settlement if liability is contested.
• The seriousness of the injury. Minor soft-tissue injuries typically attract the minimum general damages band, while catastrophic injuries attract the upper end of the cap.
• Negotiation vs. trial. Most RAF claims settle by negotiated settlement after a Rule 37 offer or shortly before trial. Going to trial increases the legal cost but can produce a higher award if the RAF’s pre-trial offer is too low.

For claimants in the Gauteng region, an early conversation with a litigation attorney who handles RAF files routinely is the most reliable way to get a realistic sense of which of these factors will drive the file.

The RAF Claims Process: From Accident to Payout

The process is broadly linear, though each step can be revisited or extended depending on the Fund’s response.

1. Report the accident to the SAPS within 14 days and obtain the case number. An RAF claim cannot proceed without an applicable accident report.
2. Lodge the claim on the prescribed RAF 1 form with the Fund, attaching the police case number, ID, and supporting documentation.
3. The claim is allocated to an RAF claims handler. The Fund may request additional documents, an RAF 4 medical form, and an RAF 5 employer’s report.
4. The Fund issues a settlement offer or a rejection. The claimant can accept, reject, or counter. Rejection typically leads to a section 19 summons in the Gauteng Local Division or the relevant regional magistrates’ court (depending on the amount in issue).
5. Litigation through the court process — Rule 37 conference, settlement negotiations, and if no settlement is reached, trial.
6. Once a settlement agreement or court order is in place, the Fund pays out, often through an undertaking in respect of future medical expenses (a ring-fenced portion managed by the claimant’s attorneys for ongoing medical costs).

Time Limits and What Happens If You Miss Them

The prescription period for an RAF claim is generally three years from the date of the accident, or three years from the date the claimant first became aware (or ought reasonably to have become aware) of the injury and its link to the accident, depending on the circumstances.

• For minors, the three-year period runs from the date the child turns 18.
• For claims brought by the estate of a deceased victim, the period is three years from the date of death.
• Missing the prescription period generally bars the claim outright; condonation is possible but difficult to obtain and requires a full explanation of the delay.

Anyone sitting on a possible claim should confirm the prescription position with a practising attorney before deciding not to lodge.

How Burger Huyser Attorneys Handles RAF Claims

Burger Huyser Attorneys runs RAF claims through its general litigation practice, with MVA-specific expertise concentrated in the Roodepoort branch under Director Nadine Roesch-Prinsloo, supported across the firm’s other Gauteng branches (Linden/Randburg head office, Sandton, Centurion, Pretoria, Bedfordview, Alberton, and Midrand).

The firm’s role typically covers intake and prescription advice, RAF 1 lodgement, specialist medical reports, RAF 4 and RAF 5 procurement, settlement negotiation, and High Court or Regional Magistrates’ Court litigation if the Fund rejects or makes an inadequate offer. Most RAF claims are run on a contingency-fee basis (the attorney fee is a percentage of the recovered amount, paid by the RAF on top of the claimant’s award); the exact percentage and the costs the claimant will be responsible for should be confirmed in writing at the start of the engagement.

Filing and Resolving Gauteng-Area Claims

The Road Accident Fund is a single national statutory fund, but the actual filing and litigation pathway depends on where the accident occurred and where the claim is litigated. For accidents on the roads of Johannesburg, Pretoria, Centurion, Sandton, Roodepoort, Bedfordview, Alberton, or Midrand, claims are typically administered through the RAF’s Gauteng regional office and litigated in the Gauteng Division of the High Court, Local Division, Johannesburg, or in the regional magistrates’ courts for the relevant magisterial district depending on the amount in issue. The Gauteng roll is one of the busiest in the country, and the courts in the region have the deepest bench of practitioners experienced in RAF litigation.

For a claimant based in the Gauteng region, the practical first step is to lodge the RAF 1 form with the Fund, attach the SAPS case number, and have the file allocated to a claims handler. Most of the substantive negotiation and any court appearance happens in the Gauteng courts, which is why a Gauteng-based attorney with MVA experience is the practical contact point for both early settlement negotiation and any trial-stage work. The Roodepoort branch (Director Nadine Roesch-Prinsloo) is the firm’s RAF focal point within Gauteng, with the head office on 011 888 0246 and the Roodepoort branch on 011 668 0030 as the relevant contact lines.

If you are pursuing a Road Accident Fund claim and want a Gauteng-based attorney to run the file, Burger Huyser Attorneys handles RAF claims through its general litigation practice, with MVA-specific expertise concentrated in the Roodepoort branch (Director Nadine Roesch-Prinsloo) and supported across the firm’s other Gauteng branches. Reach the Roodepoort branch on 011 668 0030 or the head office (Linden, Randburg) on 011 888 0246 to discuss the next step. The firm’s existing page on RAF payouts for minor injuries is a useful starting reference for soft-tissue claims; for serious or catastrophic injury cases, the firm will quote on a per-file basis after the first consultation.

Frequently Asked Questions

How much does the RAF pay for a minor injury like whiplash?

For minor soft-tissue injuries, the general damages payout is at the lower end of the statutory cap and historically was subject to the section 17 “serious injury” threshold. Past medical expenses are paid against the RAF tariff, and loss of earnings is only paid if the claimant can prove actual lost income from time off work. The firm’s existing page on RAF payouts for minor injuries covers this scenario in more detail.

Are there caps on each head of damage, or one overall cap?

There is a separate statutory cap for general damages and a separate annual cap for loss of earnings. Medical expenses are paid against the RAF tariff for past expenses and on a “reasonable” basis for future expenses. The current cap figures must be verified from the latest Government Gazette notice before any specific amount is quoted.

How long does it take to get an RAF payout?

A clean, well-documented claim with clear liability typically settles within 12 to 24 months. Contested liability, complex injuries, or long disputes over future medical expenses can extend this to three years or more. Trial is the longest path and is usually the last resort.

Do I have to go to court to get an RAF payout?

Not necessarily. Most RAF claims settle through negotiation after a Rule 37 conference without a trial. Court proceedings are typically required only where the RAF rejects the claim, disputes liability, or makes an inadequate settlement offer.

How is loss of earnings calculated if I am self-employed?

The same principle applies — the claimant must prove the actual loss of income. For self-employed claimants, this is typically done through financial statements, tax returns, and bank statements showing the drop in revenue after the accident. The calculation is more heavily disputed than a salaried employee’s claim and usually requires an actuarial calculation.

What happens if the RAF rejects my claim?

The claimant can issue a section 19 summons in the relevant court (the Gauteng Local Division of the High Court for larger claims, or the regional magistrate’s court for smaller claims). The matter then proceeds through the normal litigation process — Rule 37 conference, settlement attempts, and trial if necessary.

Can the RAF stop paying my future medical expenses?

Future medical expenses are typically paid through an undertaking that the claimant’s attorneys administer against invoices from the medical providers. The RAF may challenge the reasonableness of a specific expense, and the claimant’s attorneys have to justify each draw against the undertaking.

Can I claim from the RAF if I was a passenger or a pedestrian?

Yes. The RAF is a no-fault fund — the claimant does not need to prove the driver of the other vehicle was negligent, only that the accident involved a motor vehicle and caused injury or death. Passengers, pedestrians, cyclists, and even passengers in the vehicle that caused the accident can claim, provided they were not the sole cause of the accident themselves.