Hit and Run Accident Claim Process Explained

A hit-and-run claim in South Africa is a Road Accident Fund (RAF) claim under the Road Accident Fund Act 56 of 1996, and the first step is always a SAPS report at the police station with jurisdiction over the area where the accident occurred — without a SAPS case number an unidentified-driver RAF claim cannot be lodged. The substantive claim runs under Section 17 of the RAF Act and must be lodged within three years of the accident date, the Section 23 prescription period. Hit-and-run victims can claim against the RAF directly even when the driver and vehicle are never identified, and the categories of loss typically covered include past and future medical expenses, loss of earnings, general damages for non-fatal injuries, and, for fatal cases, funeral costs and loss of support to dependants.

The Legal Framework: RAF, SAPS, and Why Both Are Involved

The Road Accident Fund Act 56 of 1996 (as amended) creates a no-fault insurance scheme that pays victims of motor-vehicle accidents in South Africa — pedestrians, passengers, cyclists and drivers alike. A hit-and-run, read with Sections 1 and 17 of the RAF Act, is treated as a road accident for compensation purposes; the absence of an identified driver shifts liability onto the Fund rather than onto a private insurer. The South African Police Service handles the criminal side — a hit-and-run is an offence under the National Road Traffic Act 93 of 1996, and a driver who fails to stop, render assistance or report the accident commits a Section 35 offence.

The two processes run in parallel. One is not a precondition for the other, but the SAPS case number is the foundational reference for an unidentified-driver RAF claim. Victims should not assume that an unidentified driver rules out a claim — the Fund exists precisely to cover these situations, and the standard Section 17 framework applies.

Step 1: The SAPS Report (This Cannot Be Skipped)

1. Go to the SAPS station with jurisdiction over the area where the accident occurred as soon as practicable — this is required even if injuries only become apparent later.
2. Open a CAS docket for the hit-and-run and obtain the SAPS case number; the unidentified-driver RAF claim cannot proceed without it.
3. Give a detailed written statement covering date, time, exact location, direction of travel, vehicle description (make, model, colour, partial or full registration if any) and any witnesses.
4. Request a certified copy of the SAPS statement and record the CAS docket number for the RAF claim file.
5. If injuries are visible or pain has begun, arrange or note medical attention at the same time — a contemporaneous medical record supports the claim.

A driver who fails to stop and report is committing an offence under Section 35 of the National Road Traffic Act 93 of 1996; reporting your side of the incident at a SAPS station is therefore both a statutory duty and the foundation of your claim file.

Step 2: Medical and Evidence Preservation

Seek medical attention on the day of the accident where possible — a delay is regularly used by the RAF to argue against causation between the accident and the injuries. Keep all hospital records, radiology reports, prescription slips, sick notes, accounts and referral letters; the Fund pays past and future medical expenses on proof, and the burden of proof sits with the claimant. Photograph the vehicle, the accident scene if it is safe to do so, and visible injuries as soon as possible, and preserve any dashcam or cellphone footage with timestamps intact. Obtain written witness statements with full contact details as early as possible — memory fades, and the SAPS docket often closes before the RAF claim is finalised. Track every out-of-pocket expense and day of lost earnings from day one; these become the basis of the RAF claim for special damages.

Evidence type	What to keep	Why it matters
Medical	Hospital file, radiology, scripts, sick notes, accounts	Proves injury and quantifies past and future medical loss
Scene	Photos, dashcam/cellphone footage with timestamps, sketch plan	Supports liability and the sequence of events
Witness	Written statements with full contact details	Independent corroboration when the Fund disputes liability
Financial	Payslips, IRP5s, tax returns, employer’s certificate	Quantifies past and future loss of earnings
Out-of-pocket	Receipts for travel, medication, assistive devices	Recoverable as part of the special-damages claim

Step 3: Identifying the Driver and Vehicle

The SAPS investigation may identify the driver, the vehicle, or the registered owner, in which case the claim follows the standard Section 17 process against the driver, the owner and their motor insurer. If the driver remains unidentified, the claim proceeds against the RAF directly under the same Section 17 framework — the Fund steps into the shoes of the unidentified driver. A single claim form can name the driver (if known) “and/or the Road Accident Fund,” so that the claim tracks both possibilities without needing to be re-lodged if the position changes. Where the driver is identified but is untraced or uninsured, the claim still defaults to the RAF under the Act.

Step 4: Lodging the RAF Claim Itself

1. Complete the RAF claim form (the official RAF 1 for accidents from 1 August 2008 onwards, and a Statutory Accident Report Form RAF 3) together with the supporting medical and employer schedules.
2. Lodge the claim with the RAF — the Fund’s head office in Centurion (greater Pretoria) and its regional offices accept claims either in person or by registered post, with the call centre on 0860 23 55 23 used to verify receipt.
3. The Fund has statutory timelines for acknowledging receipt and issuing a decision; those timelines have historically been poorly observed, which is the practical reason specialist attorneys chase files through their lifecycle.
4. The RAF may accept the claim, dispute liability, dispute quantum, or request further documentation; each of those routes has its own procedural pathway and escalation options.
5. If the claim is disputed and cannot be resolved through the Fund’s internal processes, the matter escalates into the Gauteng Division of the High Court, which handles the bulk of RAF litigation in South Africa.

The submission must be in hard copy — faxed documents must be followed by originals, and emailed submissions are not accepted. Where general damages are claimed for accidents after 31 July 2008, a Serious Injury Assessment Report (RAF 4) is also required.

Step 5: What the RAF Typically Pays (Heads of Loss)

Head of loss	Basis for quantification
Past medical expenses	Itemised tax invoice from a registered provider and proof of payment
Future medical expenses	Actuarial or specialist evidence addressing future treatment needs and cost
Past loss of earnings	Payslip, IRP5 and employer evidence, confirmed through the employer’s accident-book or Compensation Fund process
Future loss of earnings	Actuarial calculation tied to the long-term impact of the injury
General damages (non-fatal)	Tariff-based assessment under the Act, subject to statutory caps in force at settlement or judgment
Funeral costs (fatal)	Tax invoice and proof of payment, plus proof of relationship to deceased (Section 4 RAF Act)
Loss of support (fatal)	Marriage certificate, dependency affidavit, deceased’s payslips, actuarial report (Section 4 RAF Act)

Step 6: The Three-Year Prescription Period

Section 23 of the RAF Act sets a three-year prescription period from the date of the accident (or from the date the loss became known where the injury manifests later, subject to the limits recognised in case law). A claim lodged outside the three-year window is prescription-barred unless the claimant successfully applies to court for condonation — condonation requires good cause shown and notice to the Fund. Fatal claims run from the date of death, and claims by minor children run against the prescription rules applicable to minors (which generally give the minor a window from the date of majority). Section 23 also allows for the prescription period to be interrupted by the issue and service of summons, so once a disputed claim is in litigation the prescription clock stops on the pleaded matters.

This is one of the cleanest examples of where a procedural rule on paper becomes commercially important in practice — and where the firm’s general litigation practice, under Director Nadine Roesch-Prinsloo at the Roodepoort branch, fields MVA files precisely because missing the Section 23 cutoff ends a claim no matter how strong its merits are.

Step 7: Why a Specialist RAF / MVA Attorney Is Usually Instructed

RAF matters are run on a contingency basis as a matter of industry practice — the claimant does not pay legal fees upfront, and the attorney’s fee is recovered from the RAF settlement or court award on a tariff basis set out in the Act and rules. Specialist RAF attorneys handle the day-to-day chasing of the Fund, the assembly of medical and actuarial evidence, the negotiation of settlement offers, and the escalation of disputed files into litigation. A specialist also understands the Fund’s current internal processes and the practical pressure points that move a stalled file.

Burger Huyser Attorneys’ general litigation practice handles hit-and-run and MVA claims alongside its family law and general commercial litigation work. Nadine Roesch-Prinsloo, Director and Head of General Litigation at the Roodepoort branch, specialises in MVA claims and insurance repudiations; the Roodepoort branch (16 Galena Avenue, Helderkruin, Roodepoort, 011 668 0030) is the natural intake point for Gauteng-based hit-and-run instructions, with the firm’s other Gauteng branches able to field related matters on referral.

Step 8: Common Pitfalls and Practical Mistakes to Avoid

• Failing to open a SAPS docket at the time of the accident and then trying to reconstruct the record months later.
• Delaying medical treatment to the point that the Fund can plausibly argue a break in causation.
• Lodging the RAF claim outside the three-year prescription window without seeking condonation.
• Accepting a low first offer from the RAF without actuarial quantification of future loss.
• Settling before the medical condition has stabilised — general damages are assessed on the final extent of injury, not the immediate post-accident picture.
• Underestimating the value of contemporaneous witness statements and the role they play when the Fund disputes liability.

Each of these mistakes is avoidable with structured file-handling from the outset; this is the practical value that a dedicated litigation team with an established RAF track record adds over and above what a claimant can do without representation.

Frequently Asked Questions

Can I claim from the RAF if the driver of the hit-and-run car is never found?

Yes. The RAF pays hit-and-run victims under the same Section 17 framework as any other road accident, even when the driver and vehicle are never identified. The SAPS case number is the critical supporting document; without it the unidentified-driver claim cannot be lodged. The docket must be opened at the SAPS station with jurisdiction over the accident location as soon as practicable.

How long do I have to lodge a hit-and-run RAF claim in South Africa?

Three years from the date of the accident, under Section 23 of the Road Accident Fund Act 56 of 1996. Claims lodged outside that window are prescription-barred unless the court grants condonation for good cause. Fatal claims run from the date of death, and claims by minors are subject to the prescription rules that apply to minors.

What does an RAF hit-and-run claim pay for?

Past and future medical expenses (on proof and on actuarial or specialist evidence), past and future loss of earnings (on employer and actuarial evidence), general damages for non-fatal injuries (assessed on the Act’s tariff and subject to the statutory caps in force at settlement or judgment), and in fatal cases, funeral expenses and loss of support to dependants.

Do I have to pay an attorney upfront for an RAF hit-and-run claim?

No. RAF matters are typically run by specialist attorneys on a contingency fee basis, with the legal fee recovered from the RAF settlement or court award on the tariff set out in the Act and rules. Ask for a written fee agreement before instructing, and confirm how disbursements (medical reports, actuarial calculations, sheriff fees) are handled during the life of the file.

What if the hit-and-run driver is identified later?

The claim can be pursued against the driver and their motor insurer, against the RAF directly, or in the alternative. The claim form typically names the driver (if known) “and/or the Road Accident Fund” so that the Fund steps in if the driver’s whereabouts, identity, or insurance cannot be confirmed. A successful SAPS identification adds an alternative defendant to the claim rather than replacing the RAF pathway.

Will the SAPS criminal case affect my RAF claim?

No. The SAPS docket and the RAF civil claim are separate processes, and either can proceed without the other. A successful SAPS investigation helps locate the driver’s insurer but is not a precondition for the RAF to assess the claim, and an unsolved docket does not bar an unidentified-driver claim against the Fund.

If you have been the victim of a hit-and-run and are considering a Road Accident Fund claim, Burger Huyser Attorneys’ general litigation practice can take instructions through any of its Gauteng branches. The Head of General Litigation, Nadine Roesch-Prinsloo, specialises in MVA claims and insurance repudiations and fields these matters from the Roodepoort branch (16 Galena Avenue, Helderkruin, Roodepoort, 011 668 0030); instructions are also accepted through the head office in Linden, Randburg (011 888 0246). RAF matters are typically run on a contingency fee basis, and the firm will confirm the fee structure in writing before instructions are accepted. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).