Road Accident Fund Claim for Death | Valid Claims With RAF 1 Form

A valid Road Accident Fund death claim is lodged by a dependant of a person who died from injuries caused by a motor-vehicle accident, using the RAF 1 form (the prescribed statutory form under the Road Accident Fund Act 56 of 1996) within three years of the date of death, with condonation possible under the Prescription Act 68 of 1969. The recoverable heads of loss are funeral expenses, loss of support, and loss of services — general damages are not separately recoverable in a death claim. The matter is administered by the RAF and usually resolves by settlement; if litigation becomes necessary, it is heard in the Gauteng Division of the High Court (Pretoria or Johannesburg seat) in Gauteng matters.

When a Death Claim Against the RAF Is Valid

Four statutory hurdles must be cleared before the RAF will register a death claim on its merits:

• The death must be caused by the motor-vehicle accident — a factual consequence of the collision injuries, not an unrelated later cause.
• The accident must involve a motor vehicle as contemplated by the RAF Act — driving-related incidents on a public road.
• The claimant must be a dependant — someone legally or factually dependent on the deceased’s income, care, or maintenance at the time of death (spouse, life partner, child, or dependent parent).
• The claim must be lodged within three years of the date of death — after which the right is extinguished unless condonation is secured under the Prescription Act.

Fault on the deceased’s part does not bar a claim but reduces recovery proportionally under the RAF Act’s apportionment regime.

The RAF 1 Form: What It Is, Where to Get It

The RAF 1 form is the RAF’s prescribed statutory claim form for accidents on or after 1 August 2008 (older accidents use the legacy Form 1). It is the entry point for any category-1 (death) claim and captures the particulars of the deceased, dependants claiming, accident facts, vehicles involved, and heads of loss claimed. It is signed by the dependant and, where the estate is unrepresented, by an appointed executor or curator — lodgement triggers the RAF’s investigation and offer cycle.

The form is available from the RAF claim-forms portal as a PDF, at any RAF regional office (the Centurion and Johannesburg intake desks handle the Gauteng caseload), and from any attorney who runs MVA claims.

Supporting Documents Required With the RAF 1 Form

The RAF assesses validity, merits, and quantum from one document packet; incomplete lodgements are objected to and returned for resubmission.

• Certified copy of the deceased’s death certificate
• Police case number, the SAPS accident report, and any J88
• Proof of dependency — payslips, bank statements, SARS tax records, marriage certificate, school records for minor dependants
• Certified IDs of the deceased and every dependant
• Funeral account (tax invoice), proof of payment, and proof of the claimant’s relationship to the deceased
• Liquidation and distribution account where the estate has been reported to the Master’s Office
• For claims on behalf of a minor — court order or Master’s letter appointing a guardian ad litem or curator
• Section 19(f) affidavit, plus power of attorney and contingency fee agreement if represented

Step-by-Step: How a Death Claim Is Lodged and Progressed

1. Gather the deceased’s death certificate, accident report, and dependant documentation.
2. Complete the RAF 1 form with the dependants’ particulars and heads of loss claimed.
3. Submit the form and supporting documents in hard copy to the RAF — at a regional office or by registered post to head office. Email is not accepted.
4. Receive a claim number and acknowledgement of receipt from the RAF.
5. Allow the RAF to investigate — the Fund obtains the SAPS docket, accident report, and medical records and assesses validity, merits, and quantum.
6. Receive the RAF’s settlement offer; accept, counter, or, if unresolved, file a summons in the relevant High Court division.
7. Resolve by settlement, default, or trial. Payment is released once a settlement agreement or court order is in place and the section 19 formalities are met.

What the Claim Is Worth: The Three Heads of Loss

A death claim’s value is built from three discrete heads of loss:

Head of loss	What it covers	Notes
Funeral expenses	Reasonable funeral, cremation, and burial costs	Subject to statutory limits; tax invoice, proof of payment, and proof of relationship required
Loss of support	The income the deceased would have provided to dependants	Calculated under the RAF Act’s loss-of-support framework; governed by the post-2024 amendments
Loss of services	Household, caregiving, and parental services	Often overlooked; awards vary by the deceased’s household role

General damages for the deceased’s pain and suffering are not recoverable in a death claim.

The 2024 RAF Amendment Act: What Changed for Death Claims

The Road Accident Fund Amendment Act 10 of 2024 came into effect in 2025, with an Administrator appointed to run the Fund during the transition. Practical changes for dependants concentrate in the loss-of-support calculation:

• Capitalised lump sum replaces the periodic-payment model.
• Tariff-based approach introduced to standardise loss-of-support awards — the area most contested in 2025–2026 case law.
• General damages removed for non-death claims — death claims preserve the prior position (no general damages for the deceased’s suffering).
• Methodology in flux — dependants should instruct an attorney tracking the current case law and tariff tables.

Why Engage an Attorney for a Death Claim

The RAF 1 form is mechanically simple to lodge, but the supporting documents, heads of loss, and loss-of-support calculation are where the value is won or lost. Two failure modes explain why unrepresented claims underperform:

• Apportionment. A finding of partial fault on the deceased reduces recovery proportionally; a poorly prepared fault chronology usually loses value that an attested one would have preserved.
• Dependency. The RAF often disputes dependency for adult children, life partners, or parents not in regular receipt of financial support — the claim can be partly or wholly refused at quantum.

Where the matter does not settle, it proceeds to the Gauteng Division of the High Court; pleadings must be issued within four months of the RAF’s final repudiation. Burger Huyser Attorneys handles these files through its General Litigation practice, led by a Director who specialises in MVA claims and insurance repudiations.

If you have lost a family member in a motor-vehicle accident and need help lodging or running an RAF death claim, contact Burger Huyser Attorneys’ head office on 011 888 0246 (after-hours 061 516 6878) or the Bedfordview branch on 011 201 7190. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified) and serves dependants across Gauteng.

Frequently Asked Questions

How long does an RAF death claim take to settle?

A straightforward claim with full documentation and no apportionment dispute typically resolves in 6 to 12 months. Complex claims involving apportionment, foreign dependants, or disputed dependency may take 18 to 36 months, and unresolved claims that go to trial can run longer.

What if the deceased was partly at fault for the accident?

The claim does not fall away. The RAF Act applies apportionment, so dependants’ recovery is reduced in proportion to the deceased’s fault. A 30% finding reduces the loss-of-support award by 30% — the single most common reason claims underperform.

Can a family member file the RAF 1 form on their own?

Yes — the form is publicly available and can be lodged directly. Most dependants instruct an attorney once the RAF issues an offer, because the calculation methodology and apportionment analysis are the points of leverage.

Who counts as a “dependant” for an RAF death claim?

Anyone legally or factually dependent on the deceased’s income or care at the time of death — spouse, life partner, minor or dependent adult children, and dependent parents typically qualify.

What happens if the claim is lodged outside the 3-year deadline?

The right to claim is extinguished three years after the date of death. A dependant who lodges out of time may apply for condonation under the Prescription Act 68 of 1969, showing the delay was not due to negligence and the claim is good.

Are creditors of the deceased’s estate entitled to a share of the RAF payout?

The RAF death benefit is for the dependants, not the deceased’s estate. The exception is the funeral-expense portion, paid to whoever actually paid the funeral account. Loss-of-support and loss-of-services portions go to the dependants.