How Long After a Road Accident Can I Claim Compensation?

A road accident victim in South Africa has three years from the date of the accident to lodge a claim against the Road Accident Fund (RAF) under the Road Accident Fund Act 56 of 1996, as amended by the RAF Amendment Act 19 of 2005 and the RAF Amendment Act 10 of 2017. The prescription period is suspended for minors until they reach the age of 18 and for persons who are mentally incapacitated by the injury.

The 3-Year Prescription Period: How It Works

The RAF Act, as amended, sets a 3-year prescription period for claims against the Fund. The clock starts on the date of the motor vehicle accident — not the date of receiving medical treatment, the date of the last medical report, or the date of any settlement offer. If the 3-year deadline is missed, the claim becomes prescribed and the claimant loses the right to recover unless they bring a successful condonation application asking the court for permission to pursue the claim out of time.

The RAF’s own public messaging repeats the 3-year rule as the headline answer to this question, and the rule applies uniformly across the country: a victim injured in Cape Town, Durban, Polokwane, or anywhere else falls under the same Act and the same prescription period. The location of the accident does not change the fundamental time limit.

Exceptions: When the 3-Year Clock Does Not Run

The 3-year prescription is not a single rigid rule that always runs from the date of the crash. The Act and related common-law principles accommodate claimants who could not reasonably have been expected to act within the ordinary window.

Circumstance	How the prescription period is treated
Minors	Suspended until the child reaches the age of majority (18). The 3-year clock only begins to run from that date — a child injured at age 10 has until their 21st birthday to claim.
Persons mentally incapacitated by the injury	Suspended while the person is incapable of managing their own affairs as a result of the accident. The clock resumes when the incapacity ends.
Deceased victims	The period runs afresh from the date of death for claims brought by the estate of a deceased victim.
Unidentified or untraced negligent drivers (hit-and-run)	The claim is still against the Fund, and the prescription period runs from the date of the accident in the same way.

What You Are Claiming: Heads of Damages Recoverable

An RAF claim is a statutory claim against the Fund, not against the negligent driver personally. The Fund is statutorily obliged to compensate victims of motor vehicle accidents caused by the negligent driving of another, regardless of whether the driver was insured. The supportable heads of damages are listed below.

Head of damages	What it covers
General damages	Compensation for pain, suffering, loss of amenities of life, and loss of life expectancy.
Past loss of earnings	Income lost from the date of the accident to the date of settlement or trial.
Future loss of earnings	The difference between projected future earnings and the (lower) earnings the claimant is now capable of earning.
Past and future medical and hospital expenses	Reasonable costs of past treatment and future medical care, including future surgery, physiotherapy, assistive devices, and medication.
Loss of support	For the dependants of a deceased victim.
Travelling costs	Reasonable costs incurred in obtaining medical treatment.

The Process, Step by Step

1. Open a claim file with the RAF. Lodge the prescribed RAF 1 form at the nearest RAF regional office or via the RAF’s online platform, together with the supporting documents listed below.
2. Medical and accident investigation. The claimant undergoes a medico-legal assessment arranged by the RAF. The RAF investigates the merits of the claim — whether the driver was negligent, whether the driver was in lawful possession of the vehicle, and causation.
3. RAF decision on liability. The RAF issues an interim “Form 1” on merits (admitting or denying the claim) and, after a period, a “Form 2” on quantum (its settlement offer on the award).
4. Optional internal RAF Appeal. If unhappy with the Form 1 or Form 2, the claimant can appeal to the RAF’s internal Appeal Tribunal, which must be lodged within a short window after the Form is issued.
5. Litigation in the High Court. If the claim remains disputed or the quantum offered is inadequate, the claimant can issue summons in the Gauteng Division of the High Court, Pretoria seat — the court of national jurisdiction for RAF matters — for a final order.
6. Settlement or trial. Most RAF claims settle before trial; the minority that proceed to trial are heard in the Pretoria seat.

A common misconception is that a road accident claim should be filed in the magistrate’s court where the accident happened, or against the driver’s local short-term insurer. Neither is correct. The claim is filed with the RAF itself, and any litigated dispute is heard in the Pretoria seat.

Documents Required to Lodge a Claim

The RAF’s standard set of supporting documents for lodgement is set out below. A file lodged in good order avoids avoidable delays in the merits review.

• Completed RAF 1 form.
• Copy of the claimant’s ID.
• Accident report (AR number from the South African Police Service).
• Driver and vehicle details of the negligent driver.
• Medical reports and hospital accounts.
• Proof of Earnings (typically three years’ payslips or a SARS tax return).
• Loco parentis affidavit if the claimant is a child, or a curator/administrator appointment if the claimant is mentally incapacitated.

Why Filing Early Is Better Than Filing at the Deadline

The 3-year prescription is the upper limit on when to lodge, not the typical timeframe for the matter to be finalised. The merits review and quantum assessment by the RAF can take longer than three years for a file lodged late, which is why claimants should lodge early rather than wait until the deadline approaches. Witnesses’ memories fade and supporting documents (accident reports, medical records, payslips) become harder to obtain the older the matter gets.

A condonation application — asking the court for permission to pursue a claim out of time — is technically possible but difficult to succeed in. The claimant must show good cause for the delay and a reasonable prospect of success on the merits. Leaving the claim to the last year effectively means gambling on the merits of a condonation application that the courts treat as something to be granted only in narrow circumstances.

Burger Huyser Attorneys’ general litigation practice, with offices across Gauteng and led by directors with specific experience in MVA claims and insurance repudiations, is built to handle exactly this kind of staged process — from lodgement through internal appeal to litigated claim in the Pretoria seat.

Frequently Asked Questions

Does the 3-year period run from the date of the accident or from the date of my last medical report?

The 3-year period runs from the date of the accident. The date of the last medical report, the date of a settlement offer, or the date of any other subsequent event does not restart the clock.

I was a child when the accident happened — when does the 3-year clock start running for me?

The prescription period is suspended for minors until they reach the age of majority (18). A child injured at age 10, for example, has until their 21st birthday to claim.

Can I claim against the driver who hit me directly, instead of against the RAF?

In general, no. The RAF claim is a statutory claim against the Fund, not against the negligent driver personally. In limited circumstances (e.g. hit-and-run with an unidentified driver, or claims outside the scope of the RAF) a direct claim against the driver’s short-term insurer may be possible, but the standard path is the RAF claim.

What happens if I miss the 3-year deadline?

The claim becomes prescribed and the right to recover is lost, unless the claimant brings a successful condonation application asking the court for permission to pursue the claim out of time. Condonation is possible but difficult — the claimant must show good cause for the delay and a reasonable prospect of success on the merits.

How long does an RAF claim actually take from start to finish?

The merits review and quantum assessment by the RAF can take several years for a file lodged in good order, and longer for a file that requires supplementing or an internal appeal. If the matter is litigated to the High Court for a final order, the timeline is longer again. The 3-year prescription period is the upper limit on when to lodge, not the typical timeframe for completion.

Can I afford to pursue an RAF claim if I cannot afford an attorney?

Most RAF attorneys work on a no win, no fee basis, with fees charged as a percentage of the recovered amount and only payable on successful resolution. Legal Aid SA can also assist in qualifying cases.

If you have been injured in a road accident and need to discuss the 3-year deadline, the heads of damage you can claim, or the practical lodgement process, Burger Huyser Attorneys’ general litigation practice handles MVA / RAF claims arising from accidents anywhere in South Africa. The firm’s head office is in Linden, Randburg (011 888 0246), with branches across Gauteng. Initial consultations are typically offered on a no-win-no-fee basis for qualifying claims. Use the timeframes in this article as a guide, but confirm your specific situation with a qualified attorney before the prescription deadline runs out.