Can I Claim RAF if it Was a Hit and Run? | Find Out How

Claiming from the Road Accident Fund after a hit-and-run accident in South Africa requires the victim to report the incident to the South African Police Service as soon as is reasonably possible (the fund expects a police report within 14 days, with a CAS number opened), lodge a formal claim on Form RAF 2, and (because the driver cannot be identified) serve summons on the Fund within two years of the accident under section 17(1)(b) of the Road Accident Fund Act 56 of 1996. The claimant still has to prove that a motor vehicle caused the injuries — but they do not need to identify the driver or the vehicle. Burger Huyser Attorneys fields these matters through its general litigation practice at the head office (Linden, Randburg), the Pretoria branch, and the Johannesburg-area branches.

What a Hit and Run Means Under the RAF Act

A “hit and run” in this context is a motor vehicle accident where the at-fault driver leaves the scene without identifying themselves or exchanging particulars. The Road Accident Fund Act 56 of 1996 treats the unidentified driver’s statutory liability as the fund’s liability — the fund effectively stands in for the missing third party under the statutory third-party compensation scheme.

This is materially different from a standard RAF claim, where an identified driver (and their insurer) is the first point of recovery and the fund is the residual insurer. In a hit-and-run claim, the driver is unknown, so the claimant sues the RAF directly. The RAF may compromise, settle, or contest the claim just as an identified driver’s insurer would.

The fund will not pay out where the injury was caused by a non-motor-vehicle event (a fall, an assault, a stationary object). Proving that the driving of a motor vehicle caused the injuries is the threshold question in every hit-and-run claim.

Who Can Claim

• The injured person: a driver, passenger, pedestrian, or cyclist who suffered bodily injury caused by the driving of a motor vehicle.
• In fatal cases: a dependent family member or the deceased’s estate, who may claim for loss of support and funeral expenses.
• Non-residents injured in South Africa may also be eligible, subject to the Act’s ordinary jurisdictional rules.
• The claim is not forfeited because the claimant was partly at fault — the fund still pays, with any contributory negligence reducing the amount recovered.

Conditions the RAF Imposes on Hit and Run Claims

The fund applies a documented set of conditions before a hit-and-run claim will be considered. Missing any one of them is a frequent ground on which the RAF rejects liability or disputes quantum.

Condition	What is required
Police report lodged timeously	The accident must be reported to a police officer and a CAS (Crime Administration System) number obtained. The fund expects reporting within 14 days; late reporting is a frequent ground for rejection.
Prescribed claim form	Form RAF 2 (the hit-and-run claim form) fully completed, signed, and supported by the required annexures.
Proof that a motor vehicle caused the injury	Medical report (J88 form or equivalent), eyewitness statements, the police docket, photographs, and any available vehicle damage evidence.
Summons served within the prescription period	Two years from the date of the accident under section 17(1)(b) of the RAF Act (in fatal cases, two years from the date of death).
Compliance with further fund requirements	The claimant must submit to a medical examination arranged by the fund when requested, and provide further documentation within a reasonable time of obtaining it.

Step-by-Step Process for a Hit and Run Claim

1. Report the accident to the South African Police Service as soon as is reasonably possible and obtain a CAS number.
2. Seek medical treatment promptly and ensure the treating doctor completes the J88 form (or equivalent injury report).
3. Collect supporting documentation: identity document, police case number, proof of income, witness statements, and any photographs of the scene or vehicle damage.
4. Complete Form RAF 2 with the required annexures, or instruct an attorney to do so.
5. Lodge the claim with the RAF via the regional branch office and serve the required notice on the fund.
6. Wait for the RAF’s investigation and written response — the fund may accept, partially accept, or dispute liability and quantum.
7. If the claim is disputed or the fund makes an inadequate settlement offer, instruct an attorney to issue summons in the correct Gauteng Division seat (Pretoria or Johannesburg, depending on where the accident occurred) before the two-year prescription period expires.
8. Engage in pre-trial settlement negotiations, or proceed to trial if liability or quantum remains contested.

How a Hit and Run Differs from an Identified-Driver Claim

Aspect	Hit and run	Identified driver
Third party sued	The RAF directly	The driver’s insurer first, the RAF as residual insurer
Burden on identifying the vehicle	Reduced — claimant proves only that a motor vehicle caused the accident	Standard — claimant identifies the vehicle, driver, and insurer
Prescription period	Two years from the date of the accident (section 17(1)(b))	Three years from the date of the accident (section 17(1)(a))
Common RAF dispute ground	Failure to report to police timeously; insufficient proof of motor-vehicle causation	Insurance coverage disputes; policy exclusions; collusion allegations
Typical pace	Slower — the fund often disputes liability pending the police investigation	Often faster when the third party’s insurer admits liability
Likely need for attorney	Higher — the fund routinely disputes hit-and-run liability	Lower for clean files where the insurer admits quantum

Compensation Available

• Past and future medical expenses — hospital treatment, surgery, rehabilitation, medication, and assistive devices, supported by invoices and clinical reports.
• Past and future loss of earnings — supported by payslips, tax returns, and (for the self-employed) financial statements and accountant confirmations.
• General damages (for pain, suffering, and loss of amenities of life) — subject to the RAF’s current severity threshold and tariff as published from time to time.
• Loss of support (in fatal cases) — calculated against the deceased’s earnings and the dependents’ proven need.
• Funeral expenses (in fatal cases) — actual, reasonable costs supported by invoices.

Common Reasons the RAF Rejects or Reduces Hit and Run Claims

• The police report was lodged late or not opened at all, with no satisfactory explanation.
• Form RAF 2 is incomplete, unsigned, or missing required annexures.
• The medical evidence does not establish that a motor vehicle (rather than another cause) produced the injuries.
• Summons is served outside the two-year prescription period and condonation is not granted by the court.
• The claimant fails to attend a medical examination arranged by the fund.
• The injuries fall below the RAF’s current general-damages threshold, where general damages are claimed.

When to Instruct an Attorney

• The accident was severe (hospitalisation, surgery, lengthy recovery) — the quantum justifies litigation costs.
• The RAF has rejected the claim or made a settlement offer that does not reflect the real loss.
• The accident happened more than 12 months ago and the two-year prescription deadline is approaching.
• The case is fatal and the family needs to claim loss of support.
• The police investigation has stalled and the claimant needs help assembling circumstantial evidence.

Burger Huyser Attorneys’ general litigation practice is set up for exactly this kind of contested RAF file — assembling the police docket and medical evidence, issuing summons in the correct Gauteng Division seat, and running the matter through pre-trial settlement or trial.

RAF Hit and Run Claims in Gauteng: Filing at the Right High Court Seat

The Road Accident Fund operates a national claims framework from its head office in Centurion, with regional offices serving claimants across South Africa. Gauteng-based claimants typically interact with the fund through the Centurion head office or one of the regional offices serving the province. The fund’s contact centre and the address of the regional office handling a specific claim should be confirmed on raf.co.za before lodgement, as operational details can change.

Disputes that the fund refuses to settle are litigated in the High Court, and the Gauteng seat a claimant files in depends on where the accident occurred:

• Pretoria seat (Gauteng Division, Pretoria): matters arising in northern Gauteng — Pretoria, Centurion, the N1 corridor north.
• Johannesburg seat (Gauteng Division, Johannesburg): accidents in Johannesburg, the East Rand, the West Rand, and the south of the province — including Sandton, Randburg, Roodepoort, Bedfordview, and Alberton.

Burger Huyser Attorneys’ general litigation practice fields these matters across its Gauteng branches — the head office at 49 First Avenue, Linden, Randburg (011 888 0246) handling Johannesburg-seat files, with the Pretoria branch (012 471 5700) coordinating Pretoria-seat files and the Sandton (011 253 3080), Bedfordview (011 201 7190), and Roodepoort (011 668 0030) branches available for consultations. The Road Accident Fund Act 56 of 1996, as amended, remains the controlling statute, and current claim forms, prescribed annexures, and any updates to the prescription and reporting rules should be verified against the fund’s own published material before a claim is lodged or defended.

Frequently Asked Questions

How long do I have to claim from the RAF after a hit and run in South Africa?

Two years from the date of the accident under section 17(1)(b) of the Road Accident Fund Act 56 of 1996. In fatal cases, two years runs from the date of death. The fund frequently raises prescription as a defence on late claims, and courts do not easily grant condonation — instructing an attorney well before the deadline is the practical safeguard.

Can I claim from the RAF if I don’t know who hit me?

Yes. The RAF Act provides for hit-and-run claims specifically because the driver’s identity is unknown. The claimant still has to prove that the injuries were caused by the driving of a motor vehicle, but they do not need to identify the driver or the vehicle. Police evidence, medical reports, witness statements, and the J88 form are the typical proof.

Do I need a lawyer for an RAF hit and run claim?

Not for the initial lodgement — claimants can lodge Form RAF 2 themselves. A lawyer becomes useful when the fund rejects the claim or makes a low settlement offer, when the injuries are serious enough that the quantum justifies litigation, or when the two-year prescription deadline is approaching. Burger Huyser Attorneys fields RAF disputes through its general litigation practice and offers initial consultations at its Gauteng branches.

What documents do I need to lodge an RAF hit and run claim?

Form RAF 2 (the prescribed hit-and-run claim form) completed and signed, identity document, police case number (CAS number), J88 medical form completed by the treating doctor, proof of income (payslips or tax returns) for loss-of-earnings claims, witness statements, photographs of the accident scene and any vehicle damage, and (in fatal cases) a death certificate and proof of dependency. The full annexure list is published on raf.co.za and should be confirmed against the latest version of the form.

How long does the RAF take to settle a hit and run claim?

Undisputed claims can settle within six to twelve months of lodgement once all documentation is in order. Disputed claims that go to litigation routinely take two to four years to resolve in the Gauteng Division of the High Court. Timelines depend heavily on whether the fund accepts liability and on the medical evidence supporting quantum.

What if I reported the accident to police late?

Late reporting is a common reason the fund rejects hit-and-run claims. The fund expects the accident to be reported to a police officer as soon as is reasonably possible — practically, within 14 days. Late reporting can be cured in some cases if the claimant can show good cause, but this is a factual inquiry the fund (and ultimately the court) decides case by case. Report as soon as possible and keep documentary proof of when, and to whom, the report was made.

Claiming from the RAF after a hit-and-run accident? Burger Huyser Attorneys’ general litigation practice takes these matters forward — from assembling the police docket and medical evidence, through issuing summons in the correct Gauteng Division seat (Pretoria or Johannesburg), to settlement or trial. Initial consultations are available at the head office (49 First Avenue, Linden, Randburg, 011 888 0246), the Pretoria branch (Unit 4, 1st Floor, Block 5, Glen Manor Office Park, 138 Frikkie De Beer Street, Menlyn, 012 471 5700), the Sandton branch (011 253 3080), the Bedfordview branch (011 201 7190), and the Roodepoort branch (011 668 0030). Mention the RAF hit-and-run claim at booking so the firm can pull any existing correspondence with the fund in advance. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields RAF disputes alongside its broader litigation work.