What Do You Need to Claim from the Road Accident Fund?

Claiming from the Road Accident Fund (RAF) requires the injured person or their family to lodge a formal claim on RAF Form 1.1 supported by a South African Police Service (SAPS) case docket, hospital and clinical records, proof of identity, the accident report, and either past-loss-of-income documentation under the transitional regime or a future-loss-of-income undertaking under the new RAF Amendment Act regime. The claim must be lodged within three years of the date of the accident (or of the deceased’s death, in a fatal claim) under the prescription rule established in the Road Accident Fund Act 56 of 1996, as amended. Missing the deadline, or submitting a Form 1.1 without the supporting records, results in the claim being rejected before its merits are ever considered. The process broadly runs as follows: report the accident to SAPS, gather evidence, lodge the Form 1.1, attend the RAF’s interim and final medical assessments where required, wait for the Fund’s 120-day offer or response window, and either accept the settlement offer or litigate in the appropriate court.

The Legal Framework: The RAF Act and Who Pays

The Road Accident Fund is a statutory fund created by the Road Accident Fund Act 56 of 1996, significantly amended by the RAF Amendment Act 19 of 2005 and by further phased reforms since then. The Fund compensates victims of motor-vehicle accidents caused by the negligent driving of another driver — it is not a “first-party” insurance scheme but a fault-based statutory claim against the Fund itself. The negligent driver is personally protected from civil liability by the Act: the claim runs against the RAF, not against the driver.

Because the claim is statutory, the categories of loss available to a claimant, the way past and future loss of earnings is calculated, and the level of general damages recoverable are all set by the Act and its amendments rather than by the common law alone. The 2005 Amendment Act replaced the older open-ended common-law loss-of-income claim with a structured regime — past loss is now ring-fenced at the rate of the actual proven loss, while future loss is subject to a specific statutory undertaking. Practitioners handling these claims today work to the current dispensation, not to the pre-amendment common-law position.

Who Can Claim (and From What Kind of Accident)

The Road Accident Fund scheme is broader than many claimants realise. The injured person themselves can claim, and if the injured person has died, a dependant or family member can claim on their behalf. Passengers, pedestrians, cyclists, and other road users can all claim — the scheme is not limited to occupants of one vehicle or to drivers of any particular class. What the scheme does exclude is the negligent driver themselves: a driver whose own negligent driving caused the accident cannot claim from the Fund for their own injuries.

The accident itself must involve a motor vehicle on a public road, and the injuries must have been caused by the negligent driving of another party. Where these conditions are met, the claim runs regardless of whether the negligent driver was insured, identifiable, or traceable later — the claim is against the Fund, not against the driver’s insurer.

What You Need to Gather: The Evidence Checklist

What you need to claim is, in practice, a documented paper trail. The table below sets out the categories of evidence the Fund expects, and the role each plays in the claim. None of these is optional — the RAF routinely rejects claims where the supporting records are incomplete.

Category	What to collect	Why it matters
Accident report	The official SAPS case docket, including the AR (Accident Report) number and Investigating Officer details	The RAF cannot assess a claim without the police docket; obtaining the AR number is therefore step one
Medical records	Hospital files, clinical notes, X-ray and scan reports, operation notes, discharge summaries, and the treating doctor’s reports	Medical evidence establishes the nature, extent, and permanence of the injuries
Proof of identity	Certified copy of the injured person’s South African ID (or birth certificate for a child claimant); in fatal claims, the death certificate and proof of relationship to the deceased	The RAF verifies the claimant’s identity before considering the claim
Proof of income	Payslips, IRP5s, bank statements, and the SARS ITA34 for salaried claimants; company financial statements, invoices, and accountant letters for self-employed claimants	Income proof underpins past-loss-of-income claims and the future-loss-of-income undertaking
Vehicle and driver details	Vehicle registration particulars, a copy of the negligent driver’s licence, and photographs of the vehicles and the accident scene	This identifies the nominal opponent (the negligent driver) and helps establish fault
Witness statements	Signed statements from eyewitnesses, with contact details	Witness corroboration is decisive in disputed-liability cases
Travel and expense records	Receipts for medical aids, medical expenses, transport to medical appointments, and other accident-related out-of-pocket costs	Special damages (out-of-pocket expenses) are claimed separately from general damages
RAF Form 1.1	The completed claim form, signed and commissioned, with all annexures attached	The form is the formal claim itself; without it, the claim has not been lodged and the prescription clock has not been paused

The Claims Process, Step by Step

1. Report the accident to SAPS and obtain an official case number and the Investigating Officer’s contact details. If anyone is injured, ensure the ambulance and hospital pathway is followed first.
2. Seek medical attention and ensure the full clinical record is captured. Gaps in treatment or delays in seeking care are routinely used by the RAF to argue that the injuries are not as serious as claimed.
3. Gather the supporting evidence listed in the table above — police docket, medical records, proof of income, witness statements, vehicle and driver details, and scene photographs.
4. Lodge the RAF Form 1.1 with the Fund, either directly or through an attorney. The form must be signed, commissioned, and supported by the prescribed annexures; the date of lodgement is the date the prescription clock is paused.
5. Wait for the RAF’s request for further particulars. The Fund often issues a request for additional documents or a clarification; missing the response deadline (usually 30 days) can result in the claim being filed away without a merits decision.
6. Attend the RAF’s medical assessments. The Fund arranges an independent medical examination by its own panel doctors for the interim and final stages. Failing to attend without good reason can result in the claim being dismissed.
7. Receive the RAF’s offer or rejection. Under the current statutory framework, the Fund has a defined window to make a settlement offer or to reject the claim. If the offer is unsatisfactory, the claimant can accept, counter, or litigate.
8. Litigate if necessary. Claims up to R400,000 are heard in the magistrate’s court, between R400,000 and R1,000,000 in the regional court, and above R1,000,000 in the appropriate High Court division. Within the Gauteng region, the Gauteng Division of the High Court — Johannesburg or Pretoria seat — is the appropriate forum for the larger claims, depending on where the accident occurred.

What You Can Claim For: Categories of Loss

An RAF claim is not a single amount — it is a bundle of distinct heads of damage, each calculated separately and each supported by its own documentary record. The principal categories are:

• General damages — compensation for pain and suffering, loss of amenities of life, and disfigurement (the non-monetary losses).
• Past loss of earnings — actual income lost from the date of the accident to the date of settlement. Under the transitional regime, this is limited to amounts already proven as actually lost.
• Future loss of earnings — the projected income loss going forward, subject to the amended regime’s statutory undertaking mechanism.
• Medical and hospital expenses — past and future costs of medical treatment, medication, assistive devices, and rehabilitation.
• Travel and accommodation costs — transport to medical appointments and accommodation where treatment is far from home.
• Loss of support (in fatal claims) — the financial dependency the deceased provided to family members.
• Funeral expenses (in fatal claims) — capped under the statutory framework.
• Loss of capacity and amenities — ongoing care costs, accommodation adjustments, and lifestyle support.

The Time Limit: Prescription

An RAF claim must be lodged within three years of the date of the accident — or three years from the date of death, in a fatal claim. This three-year prescription rule is set out under the RAF Act 56 of 1996 read with the Prescription Act 68 of 1969. Minors (children under 18) and persons under legal disability have extended prescription periods under these statutes.

Once the three-year window has closed, the claim is permanently barred unless the claimant can successfully bring a condonation application — a difficult legal procedure that is rarely granted. The practical point: lodgement of the Form 1.1 is what stops the prescription clock; the date of the accident itself does not start a tolling period. Claimants who sit on the file past the deadline generally lose the right to claim entirely.

Common Reasons RAF Claims Are Rejected (and How to Avoid Them)

Most RAF rejections are avoidable. The recurring reasons the Fund files claims away without a merits decision are:

• Late lodgement — missing the three-year prescription deadline.
• Missed response deadlines — failing to respond to the RAF’s request for further particulars within the stipulated window (typically 30 days).
• Inconsistent or fabricated medical evidence — gaps in treatment, delays in seeking care, or records that contradict each other.
• Failure to attend the RAF’s arranged medical assessments — without good cause.
• Disputes about the identity of the negligent driver — or about the location of the accident.
• Filing in the wrong court jurisdiction — when the matter has to be litigated.
• Submitting a Form 1.1 without the prescribed annexures.

The single most common thread is incomplete or inconsistent paperwork at the outset. Getting the evidence right at lodgement eliminates most of these reasons before the RAF ever considers the merits.

Why the Newer Reforms Matter to Your Claim

The 2005 Amendment Act and the subsequent phased reforms have substantially restructured the loss-of-income claim. Past loss is now claimed at the rate of the actual proven past loss, and future loss is subject to a specific statutory undertaking rather than the open-ended common-law claim that previously applied. The general damages tariff was previously structured in defined bands; the new regime has revised the calculation methodology for serious-injury claims.

The practical consequence is that some claims that would have been viable under the pre-amendment regime are not viable under the current dispensation. A practitioner familiar with the current statutory position can advise on whether the claim is worth pursuing and on which heads of damage are realistically recoverable given the claimant’s documentary record. This is the gap Burger Huyser Attorneys’ General Litigation practice is set up to close, with the firm’s MVA-claim work overseen at director level across the Gauteng branch network.

What an Attorney Actually Does on a RAF File

Most attorneys handling RAF claims work on a contingency-fee basis, so the attorney recovers a percentage of the final settlement rather than charging the claimant upfront. The work the attorney takes on across the life of a file typically covers:

• Case intake and eligibility review — confirming the negligent-driver fault, the qualifying injury, and the prescription position before the file is opened.
• Form 1.1 drafting and lodgement — preparing the form, annexuring the supporting records, and lodging the claim with the Fund.
• Liaison with the Investigating Officer for outstanding police docket records.
• Medical evidence coordination — obtaining treating-doctor reports, arranging for the RAF’s panel assessment, and briefing an industrial psychologist or actuary where the loss-of-income claim is material.
• Settlement negotiation — responding to the RAF’s offer, negotiating upwards, and advising on whether to accept or litigate.
• Litigation — issuing summons in the correct court if the offer is inadequate, instructing counsel for trial, and recovering the costs.

Working From Gauteng: The Litigation Venue and the Firm’s Coverage

The Road Accident Fund scheme is national, and a claim can be lodged from anywhere in South Africa. Where the geography does matter is on the litigation side: if a claim cannot be settled and must be litigated, the court venue depends on where the accident occurred and on the quantum of the claim. Claims under R400,000 are heard in the local magistrate’s court; between R400,000 and R1,000,000 in the regional court; and above R1,000,000 in the relevant High Court division. For Gauteng-based claimants, the Gauteng Division of the High Court — Johannesburg or Pretoria seat — is the appropriate forum for the larger claims, with the magistrate’s and regional courts in the district of the accident handling the smaller ones.

Burger Huyser Attorneys runs RAF files through its General Litigation practice under Nadine Roesch-Prinsloo (Director and Head of General Litigation; Director of the Roodepoort branch). The Roodepoort branch is the natural contact point for Gauteng claimants (16 Galena Avenue, Helderkruin — 011 668 0030, after-hours 061 516 0091). First consultations can, however, be booked with any of the firm’s Gauteng branches — Linden/Randburg (011 888 0246), Sandton (011 253 3080), Bedfordview (011 201 7190), Alberton (011 439 3990), Centurion (012 644 4990), Pretoria Menlyn (012 471 5700), or Midrand (010 022 4082) — whichever is closest; the file is then run through the firm’s litigation practice on a contingency-fee basis so the claimant pays nothing upfront.

Frequently Asked Questions

How long does an RAF claim take to settle?

A straightforward claim that settles without litigation typically takes 12 to 24 months from lodgement to payment, depending on the complexity of the injuries and the Fund’s workload. Litigated claims take considerably longer — typically three to five years from summons to trial. The single biggest driver of delay is incomplete medical and income evidence at the outset.

Can I claim from the RAF if I was a passenger in the car that caused the accident?

Yes. The RAF scheme is fault-based against the negligent driver, not against the vehicle. A passenger who was injured because the driver of their own vehicle was negligent can still claim from the RAF. The negligent driver themselves, however, cannot claim from the Fund for their own injuries.

What happens if the third-party driver is uninsured or untraceable?

The scheme is against the RAF, not against the driver’s insurance. The driver need not be insured or traceable for the claim to proceed — the Fund pays the claim provided negligence and causation are established. The driver’s identity and particulars are still required on the claim form, but the claim runs against the statute, not against the driver personally.

How much does it cost to bring an RAF claim through an attorney?

Most attorneys handling RAF claims work on a contingency-fee (no-win-no-fee) basis — the attorney recovers a percentage of the final settlement, capped under the Contingency Fees Act 57 of 1997. The claimant pays nothing upfront, and the attorney is paid out of the settlement. Litigation costs (court fees, counsel’s fees, expert reports) are recoverable from the RAF if the claim is successful.

Can I claim from the RAF more than once for the same accident?

Generally no — the claim is a single comprehensive claim for all losses flowing from the accident. However, future medical expenses can be claimed as a separate head of damage, and the RAF Amendment Act’s undertaking mechanism allows for future loss of earnings to be claimed as a continuing obligation. New claims for the same accident would only arise if there is a material change in circumstances — a deterioration, a new diagnosis, or a second operation.

What if my claim was rejected — can I still challenge it?

Yes. A rejection can be challenged by issuing summons in the appropriate court within the remaining prescription window. The court’s role is to assess the merits of the claim independently of the Fund’s assessment. A practitioner can advise whether the rejection is defensible or whether the claim is worth litigating.

Do I need a lawyer to claim from the RAF, or can I do it myself?

Theoretically, a claimant can lodge the Form 1.1 themselves. In practice, the assessment process — the medical panels, the loss-of-income undertaking, the settlement negotiation — is procedurally dense, and a meaningful percentage of self-filed claims are rejected on procedural or evidentiary grounds that an attorney would have caught. Most attorneys handle RAF claims on contingency, so the cost barrier to instructing one is low.

If you have been injured in a motor-vehicle accident and want a practitioner to assess whether you have a worthwhile Road Accident Fund claim, contact Burger Huyser Attorneys’ Roodepoort branch on 011 668 0030 (after-hours 061 516 0091) or the head office in Linden on 011 888 0246 — any of the firm’s Gauteng branches can take first instructions. The firm handles MVA claims through its General Litigation practice on a contingency-fee basis, so claimants pay nothing upfront; the firm is paid out of the settlement if the claim is successful. The firm’s review record (4.8/5 across 250+ Google reviews, Trustindex-verified “Top Rated Law Firm in South Africa”) and its 2025 Commercial Law Firm of the Year award reflect the broader practice’s standing.