What Is The Road Accident Fund (RAF)? | All You Need To Know

The Road Accident Fund (RAF) is a South African state-owned entity established by the Road Accident Fund Act 56 of 1996 (as amended) to provide compulsory third-party insurance cover for persons who suffer bodily injury or death as a result of a motor-vehicle collision caused by the negligent driving of a motor vehicle in South Africa. The scheme replaced the earlier Multilateral Motor Vehicle Accidents Fund and is administered as a Schedule 2 state-owned enterprise reporting to the Minister of Transport. Claims must generally be lodged within two years of the date of the accident — extending to two years from the date on which the claimant first became aware of the injury and its cause in defined circumstances — and the scope of recoverable damages has been materially narrowed by successive statutory reforms, most recently the Road Accident Fund Amendment Act 22 of 2024.

What the Road Accident Fund Is, and What Law Governs It

The RAF is governed by the Road Accident Fund Act 56 of 1996 (the “RAF Act”), which replaced the Multilateral Motor Vehicle Accidents Fund Act 61 of 1989. It is listed as a Schedule 2 state-owned enterprise under the Public Finance Management Act 1 of 1999 and reports to the Minister of Transport. It is financed primarily through a fuel levy on petrol and diesel, collected by the South African Revenue Service. Because the cover is statutory rather than contractual, the right to claim arises directly from the RAF Act when the statutory elements are met.

Who Can Claim from the RAF

• The injured road user — any driver, passenger, pedestrian, cyclist, or other road user who suffered bodily injury in a motor-vehicle collision caused by another driver’s negligent driving.
• Dependants of a deceased victim — the spouse, child, or other family member proved to have been maintained by a person who died in such a collision.
• The estate of a deceased victim — the personal representative of a deceased victim, where the deceased would have had a claim had they survived.
• Non-residents — visitors injured in South Africa by South African-registered vehicles, in defined circumstances.

What the RAF Pays: Types of Recoverable Damages

Category	What it covers	Notes
Past and future medical expenses	Hospital, surgical, rehabilitation, and assistive-device costs	Settled directly with the provider or paid as a lump-sum tariff
Past loss of earnings	Income already lost as a result of the accident	Subject to statutory caps and the post-2024 reform regime
Future loss of earnings	Projected future income lost because of the accident	Computed on actuarial tables; significantly curtailed by the 2024 reforms
General damages	Pain, suffering, loss of amenities of life, and loss of enjoyment of life	A Schedule 2 tariff applies; the 2024 reforms reduced certain awards
Loss of support	For dependants of a deceased breadwinner	Computed as a percentage of the deceased’s income at the date of death
Funeral expenses	Reasonable burial or cremation costs	Paid on production of invoices up to the statutory cap

Who Is Excluded from Claiming

• The driver who caused the accident cannot claim from the RAF for their own injuries — the RAF is third-party cover, not own-damage cover.
• A claimant who was the sole negligent party in the collision has no RAF claim.
• Claims for vehicle damage alone fall outside the RAF’s mandate — these are commercial insurance matters.

The Two-Year Prescription Period (and Its Exceptions)

A claim must generally be lodged within two years of the date of the accident. The RAF Act provides limited extensions:

• Where the claimant could not, in the exercise of reasonable care, have become aware of the injury and its cause at the time of the accident, the two-year period runs from the date on which the claimant first became aware of the injury and its cause.
• Minor children, persons under legal incapacity, and persons of unsound mind have extended prescription regimes under section 23 of the RAF Act.
• Claims are not extinguished by the death of either party, and the prescription periods continue to run against the estate where applicable.

Missing the deadline extinguishes the claim. A claimant who suspects they may be approaching the two-year mark should consult an attorney without delay.

The Recent Reforms: How the Scope of Claims Has Narrowed

The RAF has been amended repeatedly, and the practical scope of recoverable damages has shifted materially from the pre-2005 regime:

• The 2005 RAF Amendment Act capped past loss of earnings at the lower of actual loss or a statutory maximum.
• Successive amendments introduced a tariff system for medical-expense settlement and tightened general-damages valuation.
• The Road Accident Fund Amendment Act 22 of 2024 further curtailed the calculation of loss-of-earnings and general-damages claims, replacing earlier assessment methods with a statutory formula and a Schedule 2 tariff-based approach to non-economic loss.

A claimant whose primary heads of loss are loss of earnings and general damages needs current specialist advice — the available compensation in higher-income cases has reduced.

How an RAF Claim Actually Works, Step by Step

1. Obtain medical and incident documentation — police case number, hospital records, incident report, photographs, witness details, and proof of earnings.
2. Lodge the claim on the prescribed Form RAF 1 with the Fund, together with supporting documents.
3. Serve the RAF with the particulars of claim and the supporting annexures.
4. Attend to the RAF’s request for an undertaking in respect of future medical expenses.
5. Attend compulsory medical examinations arranged by the RAF as part of its investigation.
6. Receive the RAF’s decision (settlement offer or dispute), and either accept, counter, or litigate.
7. Where the matter is disputed and quantum justifies it, issue summons in the Magistrate’s Court (claims within its jurisdictional limit) or the relevant provincial High Court.

Where the Claim Is Filed: Court Venue and Quantum

The RAF is a national scheme, but the forum in which a claim is filed depends on the quantum of the claim and the place of the accident or the claimant’s residence.

Quantum / matter type	Forum
Claims within the Magistrate’s Court pecuniary jurisdictional limit	Magistrate’s Court for the district in which the accident occurred or the claimant resides
Claims above the Magistrate’s Court limit, loss-of-support claims from a fatal accident, or substantial future-loss claims	Relevant provincial High Court division (e.g. Gauteng Division of the High Court, sitting in Johannesburg or Pretoria)

RAF matters routinely take 18 months to several years to resolve, depending on whether the matter settles on the section 17 offer or proceeds to trial.

Common Reasons RAF Claims Fail or Are Reduced

• Late lodgement of the claim outside the prescription period.
• Inadequate or missing documentation at lodgement — no police case number, no proof of earnings, no medical records.
• Disputed negligence — where the RAF raises contributory negligence or denies that its insured driver was at fault.
• Failure to attend the RAF-arranged medical examination.
• Overstatement of past or future loss without actuarial or financial substantiation.

A claimant who wants to avoid these pitfalls is well served by an attorney with current experience in the post-2024 statutory regime — the Fund’s settlement offers are now driven by the new Schedule 2 tariff and loss-of-earnings formula rather than the old more permissive regime.

Frequently Asked Questions

What is the Road Accident Fund?

The Road Accident Fund (RAF) is a South African state-owned entity established under the Road Accident Fund Act 56 of 1996. It provides compulsory third-party insurance cover for persons who suffer bodily injury, or whose dependants suffer loss, as a result of motor-vehicle collisions caused by the negligent driving of a motor vehicle in South Africa. The scheme is funded primarily through a fuel levy.

Who can claim from the RAF?

Any person who suffered bodily injury in a motor-vehicle collision caused by another driver’s negligent driving can claim — including drivers, passengers, pedestrians, cyclists, and other road users. Dependants of a deceased breadwinner can claim for loss of support, and the estate of a deceased victim can claim for general damages. The driver who caused the accident cannot claim for their own injuries.

How long do I have to claim from the RAF?

A claim must generally be lodged within two years of the date of the accident. If the claimant could not, in the exercise of reasonable care, have known about the injury and its cause at the time of the accident, the two-year period runs from the date on which they first became aware of the injury and its cause. Minors, persons under incapacity, and persons of unsound mind have extended prescription regimes under section 23 of the RAF Act. Missing the deadline extinguishes the claim.

What can I claim from the RAF?

Past and future medical expenses, past and future loss of earnings (subject to statutory caps), general damages for pain and suffering, loss of support for dependants of a deceased victim, and funeral expenses. The scope of loss-of-earnings and general-damages claims has been materially narrowed by recent statutory reforms.

Do I need a lawyer to claim from the RAF?

While a claimant may lodge directly, the statutory forms, supporting annexures, and the Fund’s compulsory-medical-examination process are procedural enough that most claimants instruct an attorney — particularly where the claim involves future loss of earnings, loss of support, or contested liability. Burger Huyser Attorneys handles RAF and MVA claims through its general litigation practice and fields such matters across its Gauteng branches.

How long does an RAF claim take?

Uncontested matters may settle on the Fund’s first offer within 12 to 18 months. Disputed matters routinely take between 18 months and three years to finalise; matters that proceed to trial in the High Court may run longer depending on the court’s roll and the complexity of actuarial evidence on future loss.

If you or a family member has been injured in a motor-vehicle collision and you want to know whether you have a claim against the Road Accident Fund, Burger Huyser Attorneys’ general litigation team can advise on the merits, the prescription period, and the current statutory limits that apply. RAF and motor-vehicle-accident claims are handled across the firm’s Gauteng branches, run through director Nadine Roesch-Prinsloo (MVA claims and insurance repudiations). Reach the head office in Linden on 011 888 0246 or visit burgerhuyserattorneys.co.za to be put in touch with the closest branch.