How Do I Claim from the Road Accident Fund in South Africa?

A claim from the Road Accident Fund (RAF) in South Africa is administered under the Road Accident Fund Act 56 of 1996 (as amended) and requires the claimant to lodge a Form 1 claim with the RAF within two years of the motor vehicle accident. The claim must be supported by a South African Police Service (SAPS) case number, an RAF 4 medical report completed by the treating medical practitioner, and proof of the loss (medical expenses, loss of earnings, and general damages). The RAF has 180 days from receiving the claim to investigate, settle, or issue a section 17 notice stating the reasons for any dispute; if the claim is rejected or not finalised within that period, the claimant may issue summons in the competent High Court to seek an order for compensation. Compensation covers past and future medical expenses, loss of earnings, general damages for pain and suffering (subject to the capped amounts under the current RAF Amendment Act framework), and funeral expenses and loss of support in fatal cases.

What the RAF Is and Who It Pays

The Road Accident Fund is a public entity established by the Road Accident Fund Act 56 of 1996 to compensate victims of motor vehicle accidents caused by the negligent driving of a motor vehicle in South Africa. The compensation is paid by the RAF, not by the driver at fault — claimants do not sue the negligent driver directly for the statutory loss; the claim runs against the RAF.

The RAF is a schedule 3 public entity under the Public Finance Management Act, listed on the national register of state-owned entities. Its mandate is statutory, not contractual, and the claim regime operates as a no-fault scheme against a defined pool of state-administered funds.

Eligibility: Who Can Claim and Against Whom

The injured person is the primary claimant — whether that person was the driver, a passenger, or a pedestrian — provided the injuries arose from the negligent driving of a motor vehicle. In fatal cases, qualifying dependants may claim for loss of support, and a separate claim may lie for funeral expenses. The claim runs against the RAF; a third party cannot claim against the negligent driver directly for the statutory loss.

A driver at fault may, in certain circumstances, claim against the RAF, but contributory negligence and the driver’s status at the time of the accident (for example, whether the driver was lawfully licensed and covered) are technical issues that materially affect the claim and should be reviewed with an attorney before lodgement.

The Claim Process, Step by Step

The full process from accident to settlement runs through both an administrative phase (lodgement with the RAF) and, where the claim is disputed, a litigation phase (summons in the High Court). The sequence below sets out the order of events in practice.

1. Report the accident to the SAPS and obtain a case number (CAS number). The case number is a prerequisite for the RAF claim and is the start of the documentary record.
2. Seek medical attention immediately and keep full records of all treatment, medication, hospital visits, and follow-up — the medical history is the foundation of the general damages claim.
3. Gather evidence at the scene — photographs of vehicles, road conditions, and visible injuries; contact details of witnesses; details of the driver at fault and their vehicle registration.
4. Consult an attorney experienced in RAF claims. Most law firms, including Burger Huyser Attorneys, handle RAF claims on a contingency basis and will review the merits of the claim against the available evidence.
5. Lodge the claim with the RAF within 2 years of the date of the accident. Failing to do so within the statutory prescription period typically results in the claim becoming time-barred; revival requires a formal condonation application to the High Court, which is more difficult than meeting the deadline.
6. Submit Form 1 (RAF claim form) completed by the claimant, the RAF 4 medical report completed by the treating medical practitioner, and supporting documents (SAPS case number, identity document, vehicle registration details, medical records, proof of past expenses).
7. Wait for the RAF’s 180-day investigation period — the RAF must investigate, settle, or issue a section 17 notice of dispute within 180 days of receiving the claim.
8. Receive a settlement offer or a section 17 notice of dispute. If the claim is settled, the RAF pays out per the offer; if disputed, the section 17 notice sets out the reasons (typically alleged contributory negligence, dispute over causation, or insufficient documentation).
9. If disputed, issue summons in the High Court. Gauteng-based claimants typically file in the Gauteng Division of the High Court (Johannesburg or Pretoria seat); the matter goes through pleadings, discovery, pre-trial, settlement negotiations, and trial if necessary.
10. On judgment or settlement, the RAF pays out per the court order or settlement — the award may be structured as a lump sum or as a future medical expense undertaking under the relevant RAF directives.

Time Limits That Matter

Missing a deadline in an RAF claim is rarely fixable. The table below sets out the time limits that actually carry consequences.

Step	Time Limit	Source
Report accident to SAPS	Best practice: within 14 days	Best practice (not strictly prescribed for the RAF claim itself)
Lodge claim with the RAF	2 years from the date of the accident	RAF Act prescription period
RAF to investigate / settle / dispute	180 days from receipt of the claim	RAF Act, section 17
Issue summons if RAF does not settle	Within the relevant limitation period	Prescription Act, read with the RAF Act

What the Claim Covers — and the Current Caps

The categories of loss recoverable against the RAF are set by the RAF Act, but the values attached to each category (in particular general damages) are governed by the current RAF Amendment Act framework and may be subject to caps.

Category	What It Covers	Cap / Note
Past medical expenses	Transport, hospital, medication, and treatment already paid for or incurred	Reasonable and documented costs
Future medical expenses	Ongoing treatment, future surgery, future care	Awarded as a lump sum or RAF undertaking
Loss of earnings (past)	Income lost from accident to settlement	Subject to proof of income and time off work
Loss of earnings (future)	Loss of earning capacity going forward	Requires actuarial calculation
General damages	Pain, suffering, and loss of amenities of life	Currently capped under the RAF Amendment Act framework
Funeral expenses	Fatal cases	Reasonable documented costs
Loss of support	Fatal cases — dependants of the deceased	Subject to dependency calculation

What the Section 17 Dispute Process Looks Like

A section 17 notice is the RAF’s formal response stating the reasons for disputing the claim — commonly an allegation of contributory negligence, a dispute over whether the injuries arose from the negligent driving complained of, or a finding that the documentation is insufficient to support the claim as lodged.

An attorney reviews the section 17 notice and advises on whether the concerns can be addressed by submitting further supporting documents (often additional medical reports, witness statements, or expert opinions) or whether the matter should proceed to summons. Most disputed claims are resolved through negotiated settlement before trial, but the matter must be formally filed if the RAF does not move.

Burger Huyser Attorneys runs disputed RAF files through its general litigation practice under Director Nadine Roesch-Prinsloo, who specialises in MVA claims and insurance repudiations, and represents Gauteng-based claimants in the Gauteng Division of the High Court through to settlement or trial.

Why Engage an Attorney for an RAF Claim

The Form 1 claim and supporting documents must be properly completed and indexed — administrative errors delay the RAF’s investigation and frequently lead to a section 17 dispute. Medical evidence is the foundation of the claim; an attorney experienced in RAF claims knows which medical reports and specialists are needed to properly quantify the loss, and when an actuarial report is warranted for future loss of earnings.

A section 17 dispute requires a litigation response — pleadings, discovery, expert notices, and trial preparation are attorney-grade work. The general damages tariff under the current RAF Amendment Act framework makes accurate calculation of the claim’s value critical; an under-quantified claim will under-settle.

Many lawyers handle RAF claims on a contingency (no-win-no-fee) basis, but the fee structure and the disbursements the claimant remains responsible for regardless of outcome (medical reports, actuarial reports, expert fees) should be clearly explained up front before engagement. Burger Huyser Attorneys’ Head of General Litigation, Nadine Roesch-Prinsloo, leads the firm’s MVA and RAF claim files through the Gauteng Division of the High Court and gives a transparent cost conversation before any engagement.

Frequently Asked Questions

How long do I have to claim from the RAF?

A claim must be lodged with the RAF within two years of the date of the motor vehicle accident. Failing to do so within the statutory prescription period typically makes the claim time-barred, and a formal condonation application to the High Court is required to revive it — which is more difficult than meeting the deadline in the first place.

What does the RAF cover?

The RAF covers past and future medical expenses, loss of earnings (past and future), general damages for pain and suffering (subject to the capped amounts under the current RAF framework), and funeral expenses and loss of support in fatal cases.

Can I claim from the RAF if I was the driver at fault?

Yes, in certain circumstances. The RAF’s mandate is to compensate victims of motor vehicle accidents, including the driver at fault in some cases, but the specific rules around contributory negligence and the driver’s status at the time of the accident are technical and should be reviewed with an attorney before any claim is lodged.

How long does an RAF claim take?

Clean claims where the RAF does not dispute typically settle within 6 to 18 months, depending on the RAF’s processing time and the medical records needed. Disputed claims that proceed to litigation can take 2 to 4 years from summons to judgment, with settlement often reached before trial.

Do I have to go to court to claim from the RAF?

Not always. Many claims settle after Form 1 is submitted and the medical evidence is collated, without the need for litigation. Court is required only if the RAF disputes the claim via a section 17 notice and the matter cannot be resolved through negotiation.

How much does an attorney charge for an RAF claim?

Most law firms handling RAF claims work on a contingency (no-win-no-fee) basis, but the specific fee structure and the disbursements that the claimant is responsible for regardless of outcome (medical reports, actuarial reports, expert fees) should be clearly explained at the engagement stage. Burger Huyser Attorneys gives a transparent cost conversation up front before any engagement.

What documents do I need to lodge an RAF claim?

You will need a SAPS case number, your identity document, the vehicle registration details of the vehicles involved, the completed Form 1 claim form, the RAF 4 medical report completed by your treating medical practitioner, full medical records, proof of past expenses (medical, transport, loss of income), and witness contact details if available.

What happens if the RAF offers me a settlement that is too low?

A settlement offer from the RAF is not legally binding until accepted. An attorney can review the offer against the merits of the claim and the current general damages tariff, and advise whether to reject the offer and either negotiate further or issue summons. Burger Huyser Attorneys’ litigation team handles both settlement negotiations and disputed claims through the High Court.

Need help with an RAF claim? If you have been injured in a motor vehicle accident and need help with a Road Accident Fund claim, contact Burger Huyser Attorneys’ Litigation team on 011 888 0246 (after-hours 061 516 6878) or visit the head office at 49 First Avenue, Linden, Randburg, 2194. The firm handles RAF claims through its general litigation practice, with files run by the Head of General Litigation, Nadine Roesch-Prinsloo, who specialises in MVA claims and insurance repudiations. The firm serves clients across Gauteng with branches in Randburg, Roodepoort, Sandton, Pretoria (Menlyn), Bedfordview, Centurion, Alberton, and Midrand. Burger Huyser carries a 4.8/5 average across 250+ Google reviews and gives a transparent cost conversation up front before any engagement.