How Much Does RAF Pay for Femur Fracture in South Africa?

A femur fracture claim against the Road Accident Fund (RAF) in South Africa is compensated in two distinct parts — special damages (the actual past and future medical expenses and loss of income) and general damages (a tariff-style award from the Schedule of General Damages for pain, suffering, and loss of amenities of life). For a surgically repaired adult femur fracture with rehabilitation and a return to work, total compensation commonly falls in the R400,000 to R1.5 million range; cases complicated by permanent disability, nerve damage, or post-surgical problems settle or are awarded substantially more. Because the RAF pays past medical costs on a published tariff rather than on full private rates and calculates future losses actuarially, two claimants with similar fractures can legitimately receive materially different amounts.

What the RAF Actually Pays For — The Three Claim Components

The RAF is a statutory body created under the Road Accident Fund Act 56 of 1996 (as amended, principally by the RAF Amendment Act 19 of 2005) to compensate victims of motor-vehicle accidents caused by negligent driving. A femur fracture claim is built from three categories of loss, each calculated differently.

• General damages — a tariff-style award from the Schedule of General Damages for pain, suffering, and loss of amenities. Originally, under the 2005 amendment regime, this was only payable where a court upheld a “serious injury” claim. The serious-injury threshold has since been removed for claims lodged under the current dispensation, but the quantum is still determined by reference to the Schedule and the medical evidence on file.
• Special damages: past medical expenses — paid on the RAF tariff, not on the actual medical invoices. Where treatment was rendered on tariff, the Fund reimburses in full; where it was above tariff without pre-authorisation, the claimant carries the difference.
• Special damages: future medical expenses — a lump sum calculated actuarially, covering ongoing treatment, hardware removal, physiotherapy, assistive devices, and any future surgery the claimant will reasonably require.
• Special damages: loss of earnings (past) — net income lost between the accident and settlement or trial, supported by payslips, tax returns, and employer records.
• Special damages: loss of earning capacity (future) — an actuarial calculation of the reduction in the claimant’s lifetime earning trajectory caused by the injury.

Femur Fracture Compensation in the Schedule of General Damages

A fractured femur is a recognised entry in the Schedule of General Damages, with awards varying by age, surgical approach, residual disability, and complications. A simple adult femur fracture treated by intramedullary nailing and healing without permanent disability typically settles at the lower-to-middle band of the Schedule entry. The presence of permanent shortening, persistent limp, knee stiffness, or post-traumatic arthritis moves the award up the scale. Comminuted (multi-fragment) fractures, open fractures, and fractures complicated by nerve injury or non-union (failure to heal) attract materially higher Schedule awards than a clean closed fracture.

Typical Payout Ranges: A Realistic Picture

Component	Typical Range (adult femur fracture, surgically repaired)	Notes
General damages	R200,000 – R500,000+	Tariff entry depends on residual disability; clean healing at the lower end, permanent limp or arthritis at the upper end.
Past medical expenses	R100,000 – R400,000+	Depends on hospital stay, surgical hardware, ICU time, and rehabilitation; RAF pays on tariff, not full private rates.
Future medical expenses	R50,000 – R500,000+	Hardware removal, future physiotherapy, possible arthroplasty later in life.
Loss of earnings (past)	Variable — case-specific	Supported by payslips and tax records; commonly R50,000 – R300,000 for several months off work.
Loss of earning capacity	Variable — actuarial	Only payable where permanent impairment is proved; common range R100,000 – R1,000,000+ depending on occupation.
Total realistic range	R400,000 – R1,500,000	Surgical repair with rehabilitation, return to work in a non-manual role.
Total with permanent disability	R1,500,000 – R3,000,000+	Permanent limp, restricted mobility, or arthritic change requiring later joint replacement.

These ranges reflect the kind of outcome that practitioners see on settled matters. The RAF does not publish a fixed tariff for general damages, and every file turns on its own evidence.

Factors That Push the Payout Up or Down

1. Surgical approach — open reduction and internal fixation (ORIF) with plating, or intramedullary nailing. Revision surgery materially increases damages.
2. Residual disability — limb shortening, persistent limp, restricted range of motion, or post-traumatic arthritis are the main drivers of higher general damages.
3. Complications — infection, non-union, nerve damage (especially to the sciatic nerve in distal femur fractures), and complex regional pain syndrome.
4. Age and occupation — a young manual worker who cannot return to their pre-accident trade has a much larger loss-of-earning-capacity claim than a retired claimant.
5. Pre-existing condition — the Fund argues contributory negligence and apportionment where the claimant had a prior injury to the same limb; legal advice is needed to push back on unfair reductions.
6. Treatment pathway — claims where treatment is fully on RAF tariff are smoother; claims where the claimant was treated at a non-tariff facility without pre-authorisation face deductions for the difference.

The Serious-Injury Requirement for General Damages

Under the original section 17 dispensation introduced by the RAF Amendment Act 19 of 2005 (which came into operation on 1 August 2008), general damages were only payable if a court upheld a serious-injury claim — a separate, expert-led threshold hearing that often resolved years before quantum was argued. Under the current dispensation, the serious-injury requirement has been removed for lodged claims, meaning general damages are claimable without first winning a separate threshold application. The quantum is still determined by reference to the Schedule and the evidence on the file, so properly documented injury, treatment, and outcome remain essential to a credible demand.

How the Claim Is Calculated in Practice

A femur fracture file is built from the clinical record, the expert reports, and the actuarial calculations:

• The attorney collects the full clinical record — hospital file, X-rays, surgical notes, physiotherapy discharge summary, and any specialist reports (orthopaedic surgeon, neurologist, vascular surgeon).
• An industrial psychologist or orthopaedic surgeon is instructed to prepare a report on functional capacity and, where relevant, loss of earning capacity.
• An actuary is instructed to calculate the present value of future medical and loss-of-earnings claims, using the claimant’s specific work history and life expectancy.
• The RAF either settles on this basis or files a plea; matters that do not settle are set down for trial in the relevant High Court division.

How Long a Femur Fracture RAF Claim Takes

The timetable is driven by medical finalisation and the Fund’s internal processes:

Track	Typical Duration
Simple matters where liability is not in dispute and the claimant makes a full recovery	12 to 18 months from summons to settlement
Matters involving permanent disability or contested liability	24 to 36 months
Matters that proceed to trial	3 to 5 years

Time Limits for Lodging an RAF Claim

• A claim must be lodged with the RAF within three years of the date of the accident (or within three years of the date the debt became due, where the full extent of injury is not immediately known).
• For a minor injured in the accident, the three-year period runs from the date the child turns 18.
• Claims lodged outside the time limit can be condoned on good cause shown, but late lodgement materially weakens negotiating leverage.

Filing in the Provincial High Court Division

Femur fracture claims against the RAF are administered by the Fund’s Pretoria head office regardless of where the accident occurred, but the litigation itself runs through the High Court division with jurisdiction over the area where the accident happened — most commonly the Gauteng Division (Pretoria and Johannesburg seats), the KwaZulu-Natal Division (Pietermaritzburg or Durban), the Western Cape Division in Cape Town, or the Mpumalanga Division in Mbombela. Recent Gauteng High Court RAF matters — including Langson v Road Accident Fund and Nkala v Road Accident Fund, both decisions of the Gauteng Division in 2025 — confirm that femur and comparable serious-injury claims remain actively litigated there. Quantum disputes and contested-liability matters are typically set down in the division where the claimant resides or the accident occurred, and claimants who reach an impasse with the RAF on either liability or quantum must be prepared to issue summons in the relevant division and to instruct counsel for trial.

If you or a family member has suffered a femur fracture in a motor-vehicle accident and you want a proper assessment of what the RAF should pay — both the general damages award and the full bundle of medical and loss-of-income claims — Burger Huyser Attorneys’ General Litigation team can take the matter from lodgement through to settlement or trial. The firm is based at 49 First Avenue, Linden, Randburg (011 888 0246) and serves claimants across Gauteng through its Roodepoort (011 668 0030), Sandton (011 253 3080), and Pretoria (012 471 5700) branches, with an after-hours mobile line (061 516 6878) for urgent matters. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and runs MVA files through a dedicated litigation director — Nadine Roesch-Prinsloo, Director at the Roodepoort branch, whose stated specialisation explicitly covers MVA claims and insurance repudiations — rather than handing them to candidate attorneys.

Frequently Asked Questions

How much does the RAF pay for a femur fracture?

For a surgically treated adult femur fracture, general damages from the Schedule of General Damages typically range from R200,000 to R500,000, with the award depending on residual disability. Add past and future medical expenses (often R200,000 to R900,000 combined) and any loss of earnings or earning capacity, and the realistic total for a clean repair is generally R400,000 to R1.5 million. Cases with permanent disability or complications regularly exceed R1.5 million.

Does the RAF pay for a fractured femur?

Yes. The RAF pays for medical expenses (on tariff), loss of income, and general damages for the pain, suffering, and loss of amenities arising from a femur fracture sustained in a motor-vehicle accident where a third party was at fault.

How long does it take to settle an RAF femur fracture claim?

Uncontested matters with full recovery usually settle within 12 to 18 months. Claims involving permanent disability, contested liability, or loss-of-earning-capacity claims commonly take 24 to 36 months, and matters that go to trial take three to five years.

Do I need an attorney for an RAF femur fracture claim?

Not for the lodgement itself, but practical experience matters — RAF quantum claims turn on properly documented clinical records, actuarial calculations, and Schedule-driven general damages arguments. An attorney running MVA claims through the firm’s general litigation practice handles the evidentiary bundle, instructs the necessary experts, and negotiates on tariff-based medical costs where the treatment facility charges above the RAF tariff.

Can I claim if the accident was partly my fault?

Possibly. South African road law does not bar recovery simply because the claimant was partly at fault — the RAF pays out subject to apportionment where contributory negligence is established, and an attorney can challenge unfair apportionment.

What if I was hit by an uninsured or hit-and-run driver?

The Motor Vehicle Accidents (Uninsured and Hit-and-Run Drivers) Fund is administered separately from the RAF and operates under stricter rules; the same substantive law applies but the claims process differs, and the three-year prescription still runs.