How Much Does RAF Pay for a Broken Arm in South Africa?

RAF compensation for a broken arm in South Africa follows the Wessels schedule of general damages, with simple fractures typically settling in the R30,000–R80,000 range, fractures requiring surgical fixation in the R80,000–R150,000 range, and compound or permanently impairing fractures reaching R150,000–R400,000 or higher, before separate recoveries for medical expenses and loss of earnings. To recover general damages, the injury must clear the “serious injury” threshold introduced by the RAF Amendment Act 19 of 2005 — a simple, undisplaced fracture often does not qualify on its own, while one requiring surgery, a compound fracture, or one causing permanent loss of function generally does. The claim is lodged on Form RAF1 under the Road Accident Fund Act 56 of 1996 (as amended), and most matters are run by an attorney on a contingency basis.

How the RAF Compensation System Works

The Road Accident Fund (RAF) is a statutory fund established under the Road Accident Fund Act 56 of 1996 to compensate victims of motor-vehicle accidents caused by the negligent driving of another. The negligent driver (and vehicle driven) must generally be identified, or the matter must qualify as a hit-and-run or uninsured-driver claim, before a claim can proceed.

The RAF recognises four heads of damage in a personal-injury claim:

• Past and future medical expenses — paid and projected costs of accident-related treatment;
• Past and future loss of earnings — income lost because of the injury;
• General damages — compensation for pain, suffering, disfigurement and loss of amenities of life; and
• Loss of support — for dependants of a deceased victim.

Why the Serious-Injury Threshold Matters for a Broken Arm

The RAF Amendment Act 19 of 2005 introduced a “serious injury” threshold. General damages are only recoverable if the injury is deemed serious under the Act — meaning long-term or permanent impairment, severe disfigurement, fractures requiring surgical intervention, or significant loss of earning capacity. In practice the threshold determination is driven by a medical report, normally a Serious Injury Assessment Report (RAF 4) prepared in accordance with the American Medical Association (AMA) guidelines.

What the Wessels Schedule Says About Arm Injuries

General damages in RAF claims follow the Wessels schedule — actuarial tables of compensation values by injury type drawn from the Supreme Court of Appeal’s decision in Wessels v Road Accident Fund. The schedule is a benchmark rather than a tariff; actual settlements frequently deviate based on medical evidence, liability strength and the facts of the case.

Indicative ranges for arm fractures (paraphrased from the standard schedule — confirm against current RAF practice before relying on them for any specific matter):

Type of arm injury	Indicative general damages range
Simple, undisplaced fracture (radius / ulna / humerus)	R30,000 – R80,000
Fracture with surgical fixation (plates, screws, intramedullary nail)	R80,000 – R150,000
Compound (open) fracture, fracture with nerve damage, fracture with permanent stiffness or weakness	R150,000 – R300,000
Fracture leading to permanent disability, severe impairment, or amputation	R300,000 – R500,000+

These figures cover general damages only. Past and future medical expenses and proven loss of earnings are claimed separately as special damages and can, in an arm-injury matter, easily exceed the general-damages component where treatment is lengthy or the claimant is off work for an extended period.

Special Damages: What You Can Claim Beyond the Schedule

Special damages are the documented, out-of-pocket losses and projected costs the RAF reimburses on proof. For an arm-fracture claim:

Head of damage	What it covers	Evidence usually required
Past medical expenses	Consultations, x-rays, scans, surgery, hospital stays, physiotherapy, medication, slings and braces	Paid invoices and receipts
Future medical expenses	Projected future treatment (further surgery, removal of hardware, long-term physiotherapy)	Medical practitioner’s report; for higher-value claims, an actuary’s report
Past loss of earnings	Income lost between the accident and settlement or trial	Payslips, IRP5s, tax returns, UIF records, employer letter, proof of period off work
Future loss of earnings	Projected ongoing loss where the injury permanently affects earning capacity	Actuary’s report based on pre-accident earnings, projected career trajectory and degree of impairment

The Claim Process, Step by Step

An RAF claim is administered rather than adversarial at the outset, but litigation is the default if the Fund disputes liability or quantum:

1. Report the accident to the South African Police Service and obtain a case number — the docket is later requested by the Fund.
2. Lodge the accident report with the RAF within the statutory timeframe under the Road Accident Fund Act 56 of 1996. The Fund’s claims portal sets out the form and supporting documents in detail.
3. Seek medical treatment and keep every receipt, report and referral letter. The medical record is the spine of the entire claim.
4. Appoint an attorney on a contingency (no-win-no-fee) basis. Few claimants can fund RAF litigation upfront.
5. Attorney gathers liability evidence (police docket, witness statements, photographs, vehicle-inspection reports) and quantum evidence (medical, actuarial and financial).
6. Attorney lodges the formal claim on Form RAF1 (for accidents on or after 1 August 2008) and serves the particulars of claim, with a Serious Injury Assessment Report (RAF 4) for the general-damages component.
7. If the RAF disputes liability or quantum, the matter proceeds to formal litigation in the High Court or Regional Court with jurisdiction over the area where the accident occurred. In Gauteng, most matters are heard in the Gauteng Division of the High Court (Pretoria seat) or the relevant Regional Court.
8. Settlement or court order is followed by payment out by the Fund.

What Affects the Size of the Payout

Two broad buckets drive the final number: the strength of the liability case, and the quality of the medical and financial evidence.

• Strength of liability evidence against the other driver. A clear, well-docketed case settles faster and at higher quantum than one contested on fault.
• Severity and prognosis of the arm injury. The worse the long-term outcome, the higher the general-damages component and the larger the future-loss claim.
• Whether general damages clear the serious-injury threshold. If not, the claim proceeds for medical expenses and loss of earnings only.
• Documentation of medical expenses and loss of earnings. Special damages are paid on proof.
• Whether surgery was required. Surgical fixation is itself a serious-injury indicator and a quantum driver.
• Whether the injury caused permanent impairment, disfigurement or restricted use of the arm.
• Speed and completeness of recovery. A longer recovery generally increases the general-damages component.

Common Reasons the RAF Reduces or Denies a Claim

The Fund has a number of statutory and evidentiary grounds on which to reduce or reject a claim:

• Late lodgement of the accident report without a successful condonation application;
• Insufficient proof that the other driver was negligent — liability is the claimant’s burden, even against a statutory fund;
• Contributory negligence on the part of the claimant (for example, failing to wear a seatbelt), which reduces the payout proportionally;
• Failure to clear the serious-injury threshold for general damages — common for clean, uncomplicated fractures;
• Prescription — claims typically fall outside the three-year prescription period if not pursued timeously (extendable by acknowledgement of debt or part-payment in certain circumstances); and
• Pre-existing conditions affecting the arm, where the Fund argues these are the dominant cause of the ongoing impairment.

Each is a litigation point rather than an automatic bar — but each must be addressed head-on in the claim paperwork.

Why Most Claimants Use an Attorney

RAF litigation is run almost exclusively on a contingency basis because the Fund only pays the claimant’s attorney fees if the claim succeeds. An attorney experienced in MVA claims handles the RAF1 lodgement, evidence gathering, expert appointments, settlement negotiation and trial work. For arm-injury claims that do not clear the serious-injury threshold, attorneys often advise a focused claim for medical expenses and loss of earnings rather than chasing general damages, because the threshold fight can otherwise outweigh the general-damages recovery.

Burger Huyser Attorneys’ general litigation practice handles MVA and RAF instructions across Gauteng, with the Linden / Randburg head office at 49 First Avenue (011 888 0246, after-hours 061 516 6878) acting as the typical intake line. Director Nadine Roesch-Prinsloo, who heads the general litigation practice and the Roodepoort branch, specialises in MVA claims and insurance repudiations.

Frequently Asked Questions

How much does the RAF actually pay for a broken arm?

General damages for a simple arm fracture typically fall in the R30,000–R80,000 range under the Wessels schedule; fractures requiring surgery settle between R80,000 and R150,000; compound fractures or those causing permanent stiffness, nerve damage, or loss of function can reach R150,000–R400,000 or more. Medical expenses and loss of earnings are recovered separately as special damages.

Does a broken arm automatically qualify for general damages?

Not necessarily. Since the RAF Amendment Act 19 of 2005, general damages for pain and suffering are only recoverable if the injury clears the “serious injury” threshold. A simple, undisplaced fracture often does not qualify on its own, while one requiring surgery, a compound fracture, or one causing permanent impairment generally does. The medical report drives the threshold determination.

How long do I have to claim?

The accident must be reported to the RAF within the statutory timeframes prescribed by the Road Accident Fund Act 56 of 1996. The claim itself is subject to a prescription period (typically three years from the date of the accident, extendable in limited circumstances). Missing these deadlines can jeopardise the claim, although late lodgement may be condoned.

Will the RAF pay for medical treatment I have already received?

Yes — past medical expenses for reasonable, accident-related treatment are recovered as special damages once liability is established, provided they are supported by paid receipts and medical reports.

Can I claim for time off work?

Yes — past loss of earnings can be claimed on proof of pre-accident income (payslips, IRP5, tax returns, employment letter) and the period off work. Future loss of earnings is claimed separately and typically requires an actuary’s report.

What if the other driver was uninsured or fled the scene?

Hit-and-run and uninsured-driver claims can still be lodged against the RAF, but the evidentiary burden is heavier — the claimant must prove the accident occurred and identify the vehicle or driver as far as reasonably possible. An attorney experienced in MVA claims can advise whether the matter is litigable in practice.

If you or someone you know has broken an arm in a motor-vehicle accident that was not their fault, Burger Huyser Attorneys’ general litigation practice can take the matter on a contingency basis and run it from the Linden / Randburg head office at 49 First Avenue, Linden, Randburg, 2194 (011 888 0246, after-hours 061 516 6878). The firm handles RAF1 lodgement, evidence gathering, expert appointments, settlement negotiation and litigation through to payout. Burger Huyser carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and is recognised as a multi-specialist firm with awards spanning family, criminal and commercial law.