RAF Claims | Steps For Lodging, Claiming & Payment Process In South Africa

A Road Accident Fund (RAF) claim in South Africa is the statutory compensation route for anyone injured by a negligent driver in a motor vehicle accident, governed by the Road Accident Fund Act 56 of 1996 (as amended most recently by the Road Accident Fund Amendment Act 19 of 2023). The claim has three distinct stages: lodgement (completing the RAF 1 form and registering the claim on the RAF portal within the two-year prescription period); proving merits (establishing negligence against the other driver); and proving quantum (loss of income, general damages, medical and future-care costs). Once an undertaking is signed or a court order is granted, the RAF pays the claim — historically as a lump sum, but the post-2023 amendments moved loss-of-income awards to periodic (structured) payment for non-catastrophic injuries.

What the Road Accident Fund Actually Is — and What It Pays

The RAF is a statutory fund established under the Road Accident Fund Act 56 of 1996, funded through a fuel levy collected nationally, that compensates victims of motor vehicle accidents caused by negligent driving. It is a no-fault-by-the-claimant scheme: the injured person does not need to prove they were blameless, only that someone else was negligent in the accident that caused the injury.

The Fund pays for past and future medical expenses, loss of earnings (income), loss of support (for dependants of a deceased), and general damages for pain, suffering and loss of amenities of life. It does not pay for vehicle damage, insurance excess, or claims against the claimant’s own insurer — that sits with a separate short-term insurance claim under the policyholder’s own cover.

Who Can Claim, and From Whom

Any person injured in a motor vehicle accident on a South African road, as driver, passenger, pedestrian or cyclist, can claim where the driver of the vehicle that caused the injury was negligent. The dependants and estate of a person killed in such an accident can claim loss of support. The claim is made against the Fund itself, not against the negligent driver personally — the driver’s identity is required to lodge the claim, but the claim runs against the RAF as the statutory obligor.

The claim must be lodged within two years of the date of the accident (or the date of death, for a dependant’s loss-of-support claim) under the prescription rules in the RAF Act. Missing that cut-off is the single most common reason claims fail — prescription is strict, can only be extended by a court application on narrow grounds (factual impossibility, minority), and runs against the claimant from day one.

The RAF Amendment Act 19 of 2023 — What Changed

The Road Accident Fund Amendment Act 19 of 2023 introduced material changes to how loss-of-income and general-damages claims are calculated and paid, the most consequential of which is the move from lump-sum income awards to periodic (structured) payments for non-catastrophic injuries. Catastrophic-injury claims — severe brain injury, quadriplegia, loss of sight in both eyes — still attract lump-sum awards where appropriate.

Under the new regime, a claimant must undergo a formal assessment of whole-person impairment before a loss-of-income claim can be quantified. The amendment also tightened the calculation of general damages and the tariffs used for medical expenses. Existing claims under the old regime are governed by transitional rules, and the actuarial calculation that drives every quantum claim now reflects the post-2023 framework.

Step 1 — Capture the Evidence at the Scene

1. Photograph the scene. Photograph the accident scene, all vehicles involved, registration plates, road markings and visible injuries.
2. Obtain the SAPS case number. The RAF will not proceed without an SAPS reference for hit-and-run and serious-injury matters.
3. Identify the other driver. Capture the driver’s ID, vehicle registration and insurer details.
4. Get witness contact details. Independent witness statements are decisive on disputed-merits files.
5. Seek medical attention immediately. Keep every clinic, hospital, pharmacy and specialist record — even minor injuries can develop into soft-tissue and head-injury claims that require a documented medical arc.

Step 2 — Complete the RAF 1 Claim Form

RAF 1 is the prescribed claim form for personal injury and loss claims; it is available on the RAF’s claims portal and on the RAF’s claim-forms page. The form covers claimant particulars, accident details, identity of the negligent driver, vehicle particulars, injuries sustained, hospital and treating doctors, employers, and an itemised statement of past and anticipated loss.

Section of RAF 1	What it captures
Claimant particulars	Full name, ID, contact and marital status
Accident details	Date, time, location, road, weather, sequence of events
Driver and vehicle	Identity, registration and insurer of the negligent driver
Injuries sustained	Clinical description, treating facilities and doctors
Employment and loss	Employer, earnings history and itemised past/anticipated loss
Supporting documents	SAPS accident report (or J88), IDs, marriage certificate, affidavit

Submitting a complete RAF 1 starts the formal process; an incomplete form is the most common reason claims stall before merits are even considered.

Step 3 — Register the Claim on the RAF Portal

Once RAF 1 is complete, register the claim on the RAF’s online claims submission portal. The portal generates a claim number that is used for all subsequent correspondence and is the official channel for uploading supporting documents (medical reports, expert certificates, employer correspondence) and tracking progress.

After registration, the RAF allocates a claims handler who issues the first correspondence — typically an acknowledgement letter and a request for further documents. Keep records of every submission; missing or delayed uploads are the single biggest cause of “stuck” claims at this stage.

Step 4 — Prove Merits (Was the Other Driver Negligent?)

The merits phase answers one question: was the driver of the vehicle that caused the injury negligent, and did that negligence cause the injury?

Standard evidence includes the SAPS docket, eyewitness statements, the SAPS accident report, vehicle damage reports, the J88 medical form completed at first treatment, and — where the sequence is genuinely disputed — accident-reconstruction expert opinion. If liability is conceded, the merits phase is short and the RAF files a formal admission, moving the file straight to quantum. If liability is disputed, the merits phase can take months and may require a trial on the issue of liability alone before quantum is even looked at.

Step 5 — Prove Quantum (How Serious, How Much Loss?)

Quantum is the second leg of every RAF claim — quantifying the financial and general-damage consequences of the injury. Key evidence includes specialist medical reports (orthopaedic surgeon, neurosurgeon, psychologist where appropriate), an actuarial calculation of future loss of earnings, an employer’s certificate of past earnings and employment prospects, family-member affidavits on loss of support, and an itemised schedule of past and future medical costs. For catastrophic-injury claims, a whole-person-impairment assessment and a full future-care plan are required.

The actuarial calculation is the single most important document at quantum stage — it converts the medical evidence into a Rand-figure future-loss claim that the RAF will accept, dispute or settle. Under the post-2023 regime, the same actuarial calculation feeds the structured payment schedule that follows a non-catastrophic settlement.

Step 6 — The Undertaking, Settlement or Court Order

Once merits and quantum are agreed, the claim closes in one of three ways. An undertaking is a formal commitment by the RAF to cover the cost of future medical expenses in terms of section 17(4)(a) of the RAF Act — the standard route for ongoing medical care. A lump-sum settlement pays a single agreed amount in full and final settlement, normally paired with a section 17(4)(a) undertaking on medical costs. Where settlement cannot be reached, the matter is litigated to judgment in the Gauteng Division of the High Court (Pretoria seat) or the South Gauteng High Court (Johannesburg) and judgment is enforced against the Fund.

Step 7 — How Payment Actually Happens

For a lump-sum settlement, payment typically follows within 60–90 days of the formal settlement agreement being signed, though the RAF has historically been slower than that on uncontested settlements. For periodic (structured) loss-of-income awards under the post-2023 regime, payment is made by way of annual or monthly instalments into a trust or ring-fenced account, with the structure governed by the court order or settlement agreement. For undertakings, the RAF pays the relevant medical provider directly against invoices — the claimant is not out of pocket for covered treatment.

Delays in payment are a recurring, well-documented problem. A formal letter of demand from the claimant’s attorney is often the first step to push payment through; further escalation typically involves a Section 19(1) application or summons.

Step 8 — What to Do If the Claim Is Rejected or Stalls

The RAF may reject a claim on merits (no negligence proven), on quantum (insufficient evidence), or for prescription (out of time). A rejection can be challenged by filing a summons in the Gauteng High Court within the relevant limitation period, putting the merits or quantum dispute before a judge. Stalled claims — typically where the claims handler has gone quiet — are usually resolved by a Section 19(1) application or by summons, which forces the RAF to respond or face default judgment.

An attorney experienced in MVA work is the practical route out of either situation; self-represented claimants are at a marked disadvantage once the matter leaves the portal. Burger Huyser Attorneys handles MVA and RAF claims through its general litigation practice from its Randburg head office and across its Gauteng branches, run under Director Nadine Roesch-Prinsloo, who specialises in MVA claims and insurance repudiations.

Comparison: Three Stages of an RAF Claim

Stage	What it proves	Core evidence	Where it runs
Lodgement	Claimant’s identity, injury, time, and the negligent driver	RAF 1 form, SAPS report, ID, supporting documents	RAF portal + claims handler
Merits	Negligence of the other driver caused the injury	SAPS docket, eyewitness, accident reconstruction	RAF internal — may go to court if disputed
Quantum	The injury’s financial and general-damage consequences	Specialist medical reports, actuarial calculation, employer records	RAF internal — settles or goes to court

If you or a family member has been injured in a motor vehicle accident and you are weighing whether to pursue a Road Accident Fund claim, contact Burger Huyser Attorneys’ Randburg head office on 011 888 0246 (after-hours 061 516 6878) or visit 49 First Avenue, Linden, Randburg, 2194, to discuss the merits and quantum position before the two-year prescription period runs. The firm’s general litigation practice handles MVA and RAF claims, with intake available at the Sandton (011 253 3080), Roodepoort (011 668 0030) and Bedfordview (011 201 7190) branches as well. The work is run under Director Nadine Roesch-Prinsloo, who specialises in MVA claims and insurance repudiations. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”).

Frequently Asked Questions

How long does the RAF claim process take in South Africa?

From lodgement to first payment typically takes between 18 and 36 months for a contested claim, longer if the matter proceeds to trial on liability or quantum. Clean files with conceded liability can settle within 6–12 months; complex catastrophic-injury files can run for several years. Prescription runs against the claimant at two years from the date of the accident, so the lodgement clock matters more than the eventual settlement clock.

What is the prescribed time limit for lodging an RAF claim?

Under the Road Accident Fund Act 56 of 1996, a personal-injury claim must be lodged within two years of the date of the accident; a loss-of-support claim by dependants must be lodged within two years of the date of death. The limitation period is strict and can only be extended by a court application on the grounds of factual impossibility, minority or other limited statutory exceptions — missing the two-year window is the most common reason claims fail at lodgement.

Can a passenger or pedestrian claim from the RAF after a hit-and-run?

Yes. Section 22 of the RAF Act treats unidentified negligent drivers as if they were insured through the Fund. The claimant still needs an SAPS case number (and typically a SAPS confirmation that the driver could not be identified) and the same RAF 1 form. Settlements on hit-and-run claims tend to be modest because quantum is harder to prove without a confirmed liability scenario.

How is a loss-of-income claim paid under the post-2023 amendments?

The Road Accident Fund Amendment Act 19 of 2023 moved loss-of-income awards away from lump-sum payment for non-catastrophic injuries; these awards are now typically paid as periodic (structured) instalments, with the structure set out in the settlement agreement or court order. Catastrophic-injury claims (severe brain injury, quadriplegia, blindness) still attract lump-sum awards. An actuarial calculation of the structured award is prepared on the assumption of a normal working life expectancy and discounted accordingly.

Does the RAF pay for past and future medical expenses?

Yes. Past medical expenses are settled on production of invoices and proof of payment, and future medical expenses are covered either by a section 17(4)(a) undertaking (where the RAF pays the provider directly against invoices) or as part of a lump-sum settlement. The RAF’s medical tariff schedule (tariffs gazetted under the RAF Act) governs what the Fund will pay on individual line items, and disputes over tariff interpretation are a common cause of delays at payment stage.

Can I lodge an RAF claim myself, or do I need an attorney?

A claimant can lodge an RAF 1 form directly with the RAF, and the Fund is required to assess it on the same basis as a claim lodged through an attorney. In practice, claims that proceed past the lodgement stage — where the merits are disputed, quantum is significant, or the matter is heading for court — almost always involve an attorney, because the actuarial calculation, expert medical evidence and litigation process are not workable for an unrepresented claimant. Burger Huyser Attorneys handles RAF claims through its general litigation practice and offers initial consultations at its Randburg head office and Gauteng branches.

Where are RAF claims filed in Gauteng?

Where a claim is litigated, it is filed in the Gauteng Division of the High Court (Pretoria seat) or the South Gauteng High Court (Johannesburg), depending on the district of the accident or the parties’ residence. Settlement correspondence and undertakings are administered through the RAF’s claims-handler network regardless of where the underlying matter would have been litigated. Burger Huyser’s Randburg head office and Sandton, Roodepoort and Bedfordview branches handle MVA instructions across Gauteng.