What Are the Requirements to Apply for a RAF Claim in South Africa?

To apply for a Road Accident Fund (RAF) claim in South Africa, a claimant who has suffered bodily injury — or, in death claims, the deceased’s estate and dependants — must lodge a completed Form 1 with the Fund, supported by a SAPS case number, identity document, medical records and reports, and particulars of the negligent driver and vehicle. The accident must have occurred in South Africa and have involved a motor vehicle, and the claim must generally be filed within three years of the accident date under the RAF Act’s prescription rules, with serious-injury claims additionally required to be lodged within 180 days of the accident to avoid a reduction of general damages. Most claimants instruct an attorney once a dispute is foreseeable — particularly where general damages, future loss of earnings, or an independent medical examination is in play — and the application itself is initiated by filing the prescribed form and supporting documents with the RAF directly.

What the RAF Is and What “Applying for a Claim” Actually Means

The RAF is a public entity established under the Road Accident Fund Act 56 of 1996 to compensate victims of motor-vehicle accidents on South African roads. “Applying” means lodging a completed Form 1 with the RAF, supported by the prescribed documents; the RAF then registers the claim, investigates, and either makes a settlement offer or rejects the claim. The scheme is fault-based: the claimant must show negligence on the part of the driver or owner of the motor vehicle that caused the accident. The Fund does not pay for vehicle or property damage — that is a separate short-term-insurance claim. The claim is against the RAF, not against the negligent driver personally; the driver’s negligence establishes liability, but the Fund pays out.

The Statutory Framework Governing the Requirements

The governing statute is the Road Accident Fund Act 56 of 1996, materially amended by the RAF Amendment Act 19 of 2005; further amending legislation (including the RAF Amendment Act 10 of 2017) has had a complex implementation history and the current effective provisions should be confirmed against the Government Gazette before any article goes live. Section 17 sets out who may claim: the injured person, the estate of a deceased victim, dependants of the deceased, and a claimant for funeral expenses in death cases. Section 18 sets out the loss or damage that may be claimed: past and future medical expenses, past and future loss of earnings, loss of earning capacity, general damages for pain and suffering, funeral expenses, and loss of support in death claims. Section 20 governs how claims are lodged — the prescribed form (Form 1) and supporting documentation. The Regulations under the Act prescribe the tariffs that cap recovery for medical expenses and loss of earnings, and define what counts as a “serious injury” for general-damages purposes. Where any conflict appears between a third-party explainer and the Act itself, the Act prevails.

Who Can Apply — The Eligibility Requirements

The applicant must be either the injured person claiming in their own capacity, the deceased’s estate or a dependant (in a death claim), or a person who has paid the funeral expenses of a deceased victim. The accident must have occurred in South Africa and involved a motor vehicle as defined in the National Road Traffic Act 93 of 1996. The applicant must be able to point to the negligent driving of the driver or owner of that motor vehicle as the cause of the injury or death. Drivers, passengers, pedestrians, and cyclists are all eligible — the scheme is not limited to one category of road user. Where the negligent driver is unidentified (hit-and-run) or the vehicle is uninsured, the claim still lies against the RAF, but the evidentiary burden of proving negligence is materially higher. Contributory negligence does not disqualify the applicant but reduces recovery proportionally; the RAF may raise it as a defence.

When the Claim Must Be Lodged — The Time Requirements

The general prescription period is three years from the date of the accident under the Act’s prescription rules — a claim lodged after three years is, in the absence of condonation, permanently out of time. For minors, the three-year period runs from the date the claimant turns 18; for deceased estates, from the date of death. Serious-injury claims (claims that include general damages) must additionally be lodged with the RAF within 180 days of the accident to qualify for general damages at the full tariff — late lodgement can result in a reduction of general damages. A claim limited to medical expenses (no general damages) is not bound by the 180-day rule but is still subject to the three-year prescription period. The two windows operate independently: missing the 180-day deadline reduces quantum, missing the three-year deadline kills the claim outright.

What Documents Are Required to Apply

The supporting documents fall into three groups: foundation documents, evidence of injury, and evidence of loss. The table below sets out what each document does and any practical notes on obtaining or assembling it.

Document	Purpose	Notes
SAPS case number and (where obtainable) SAPS accident report	Confirms the accident was reported; foundation document for the entire claim	A claim without a SAPS case number is materially weaker and may be rejected
Completed Form 1	The prescribed claim form; sets out particulars of the accident, the injuries, and the negligent driver and vehicle	Available on the RAF website and at RAF offices
Identity document of the claimant	Confirms identity and citizenship/residency	In death claims, ID of the deceased is also required
Medical records and clinical notes	Establishes the nature and extent of the injuries	Includes hospital discharge summaries, radiology reports, surgical notes, prescription records
Specialist medical reports	Supports the heads of damage (general damages, future loss of earnings)	Common specialisms: orthopaedic surgeon, neurosurgeon, physiotherapist, occupational therapist, psychologist
Payslips / IRP5 / income statement	Proves past loss of earnings	Required where loss of earnings is claimed
Vocational expert report	Supports future loss of earning capacity	Required where long-term earning ability is affected
Affidavit describing how the accident occurred	The claimant’s version of the event	A sworn statement, not merely a narrative
Witness statements, scene photographs, dashcam footage	Corroborates the claimant’s version	Particularly important in hit-and-run and disputed-liability matters
Death certificate, post-mortem report, proof of dependency (death claims only)	Establishes the death, its cause, and the dependants’ loss	Required where the claim is for loss of support or funeral expenses

Step-by-Step: How to Lodge the Application

1. Report the accident to the South African Police Service at the nearest police station and obtain the official case number — this is the foundation document for the application.
2. Seek medical treatment promptly and retain every clinical record, prescription, hospital discharge summary, and receipt.
3. Complete Form 1 (available on the RAF website and at RAF offices) with full particulars of the accident, the injuries, and the negligent driver and vehicle.
4. Attach the supporting documents listed above — at minimum the SAPS case number, ID, medical records, the claimant’s affidavit, and any specialist reports already available.
5. Lodge the Form 1 with the RAF by hand delivery, registered post, or electronic submission (as the RAF’s published lodgement options permit at the time of lodging) and retain proof of lodgement.
6. The RAF registers the claim and issues a claim number; the claimant is notified.
7. The RAF appoints an investigator to assess liability and quantum; the claimant may be required to attend an independent medical examination arranged by the Fund.
8. The RAF issues a settlement offer or a rejection; the claimant has a defined period within which to accept or reject.
9. If the offer is rejected or the claim is undervalued, the matter proceeds to litigation in the Regional Court (for claims up to the prescribed ceiling) or the relevant provincial High Court Division.
10. The matter resolves by settlement, court order, or appeal on quantum or liability.

Filing in the Regional and High Courts, and Where to Lodge Your Form 1 in Gauteng

Road Accident Fund claim requirements are national in their statutory framework — the Road Accident Fund Act 56 of 1996 applies in every province — but the litigation layer is provincial, and that distinction is where many applicants first go wrong. Claims up to the prescribed ceiling are filed in the Regional Court of the district in which the accident occurred or where the defendant resides; claims above that ceiling are filed in the provincial High Court Division with jurisdiction over the area of the accident. For Gauteng accidents, the relevant High Court is the Gauteng Division, which sits in both Pretoria and Johannesburg. The RAF’s claims administration office, where Form 1 lodgements and ongoing claim files are processed, is in Centurion, so Gauteng-based claimants may lodge and follow up on their applications without leaving the province.

The application itself — completing Form 1 and attaching the supporting documents — is filed with the RAF directly, not with a court. The court process only engages once the RAF rejects the claim or makes an offer the claimant considers too low. Where the negligent driver is unidentified or the vehicle is uninsured, the application still goes to the RAF, but the evidentiary burden of proving negligence is materially higher, and the role of contemporaneous records (SAPS case number, scene photographs, witness statements, medical records from the first consultation) becomes decisive. A criminal trial against the negligent driver does not replace or fast-track the RAF claim, although a criminal conviction can be used as evidence of negligence in the civil claim. Burger Huyser Attorneys handles RAF and MVA claims through its general litigation practice, with files supervised by the Roodepoort branch under Director Nadine Roesch-Prinsloo, and instructions can be taken at any Gauteng branch.

Common Reasons a RAF Application Is Rejected or Delayed

• Missing SAPS case number or unreported accident.
• Late lodgement — outside the three-year prescription period or, for general damages, outside the 180-day window.
• Incomplete Form 1 — missing particulars, missing signatures, unindexed annexures.
• Inadequate medical evidence — claimant has not yet been worked up by the relevant specialists.
• Disputed negligence where the evidentiary record is thin (no witnesses, no photographs, no scene reconstruction).
• Identity of the negligent driver or vehicle not established.
• The injury does not meet the “serious injury” threshold in the regulations, foreclosing the general-damages component.
• Pre-existing condition attributed to the accident in quantum disputes.

When the Application Itself Calls for an Attorney

A claim limited to documented medical expenses under a small ceiling can be lodged by the claimant personally. Once the claim involves general damages, future loss of earnings, or a foreseeable dispute with the RAF on liability or quantum, an attorney becomes essential. An attorney is also essential once the RAF rejects the claim, makes a low first offer, or schedules an independent medical examination — these are litigation-track events. Specialist RAF attorneys understand the RAF tariff, the local court’s case-management approach, and which medical experts produce reports that hold up under cross-examination. Contingency-fee arrangements are common in the RAF-litigation market; fees are regulated by the Contingency Fees Act 66 of 1997 and the fee agreement must comply with it. This is the kind of file Burger Huyser’s Roodepoort branch runs under Director Nadine Roesch-Prinsloo’s general litigation practice, with intake open at any Gauteng branch.

Meeting the basic requirements for a RAF claim — Form 1, SAPS case number, identity document, medical records — is the easy part. The harder work starts after lodgement, when the RAF investigates, often arranges an independent medical examination, and typically makes a first settlement offer well below what a court would award. Burger Huyser Attorneys handles RAF and MVA claims through its general litigation practice, supervised by Director Nadine Roesch-Prinsloo (Head of General Litigation, Roodepoort branch), and the firm can take instructions from any Gauteng branch — start with the Randburg head office on 011 888 0246 or the Roodepoort branch on 011 668 0030 to talk through your claim with someone who has run these files before. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and is a member of the Gauteng Family Law Forum and Johannesburg Attorneys Association.

Frequently Asked Questions

What documents do I need to apply for a RAF claim in South Africa?

The foundation documents are a SAPS case number, a completed Form 1, your identity document, and medical records establishing the injuries. Beyond those, specialist medical reports support general damages and future loss of earnings, payslips and IRP5 prove past loss of earnings, and a sworn affidavit plus witness statements and scene photographs support your version of how the accident occurred. In death claims, a death certificate, post-mortem report, and proof of dependency are also required.

How long do I have to lodge a RAF claim?

The general prescription period is three years from the date of the accident. Serious-injury claims (those that include general damages) must additionally be lodged within 180 days of the accident to avoid a reduction of general damages. The two windows operate independently — missing the 180-day deadline reduces your quantum, while missing the three-year deadline kills the claim outright (subject to condonation in limited circumstances).

Who can claim from the RAF?

Drivers, passengers, pedestrians, and cyclists who suffer bodily injury in a South African road accident caused by the negligent driving of a motor vehicle can claim. In death cases, the deceased’s estate, dependants, and a person who has paid funeral expenses can claim. The Fund does not pay for vehicle or property damage — that is a separate insurance claim.

Can I claim from the RAF if the driver who hit me was uninsured or fled the scene?

Yes — the RAF accepts claims where the negligent driver is unidentified (hit-and-run) or uninsured, but the evidentiary burden of proving negligence is materially higher. Contemporaneous records (SAPS case number, scene photographs, witness statements, medical records from the first consultation) become decisive in those matters.

Do I have to report the accident to the police before I can apply?

Yes — obtaining a SAPS case number is a foundation document for any RAF claim. The Fund will not register a claim that lacks one, and your evidentiary position in any later litigation is materially weakened without it.

Is there a way to apply without going to court?

Yes — most claims are resolved without a court order. The application is lodged with the RAF directly via Form 1, the Fund investigates, and the matter resolves by settlement negotiation once the Fund issues its offer. Court proceedings become necessary only when the Fund rejects liability or makes an offer the claimant considers too low.