The Road Accident Fund Claim Period | How Long Have I Got To Claim?

In South Africa, a Road Accident Fund (RAF) claim generally prescribes three years from the date the cause of action arose, in terms of the Prescription Act 68 of 1969 read with section 17 of the Road Accident Fund Act 56 of 1996 (as amended), after the Constitutional Court declared the previous two-year prescription provision unconstitutional in Road Accident Fund v Mdeyide. The “claim period” is not a single deadline — it is three layered steps: the claim must first be lodged with the RAF on the prescribed form, the claimant must wait at least 180 days from lodgement before issuing summons, and the underlying right to claim must be exercised before the three-year prescription period runs out. Different rules apply to minors and to certain hit-and-run and fatal-accident scenarios, so the practical answer depends on the specific facts of the accident.

The Three Layers of the RAF “Claim Period”

The phrase “how long have I got to claim from the RAF” hides three distinct procedural steps. Each has its own rule, its own trigger, and its own consequences if you miss it. Conflating them is one of the most common reasons claimants find their position time-barred without realising it.

Layer	Source	Trigger	What it controls
Lodgement	RAF Act, section 17 — Form 1	Date the RAF receives a valid Form 1	Whether the claimant is procedurally allowed to issue summons at all
180-day waiting period	RAF Act, section 17	Date of valid lodgement	The earliest date on which a summons against the RAF may issue
Prescription	Prescription Act 68 of 1969	Date the cause of action arose	The outer deadline for serving summons on the RAF — after this, the right to claim is extinguished

Lodgement unlocks the right to summons; the 180-day wait gives the Fund a window to investigate and settle; prescription sets the hard outer deadline. All three must be navigated together.

Why the layers often catch claimants out

A claimant who focuses only on the prescription period may lodge so close to the three-year mark that, even after the 180 days have run, there is no time left to finalise pleadings and serve summons. A claimant who focuses only on lodgement may never realise that lodgement itself does not stop prescription from running in the meantime. Each layer has to be tracked separately.

How the Prescription Period Is Calculated

The general rule is three years from the date the cause of action arose — normally the date of the accident. The Prescription Act builds in adjustments where the claimant could not reasonably have known the full picture at the time of the collision.

• Date the debt became due — section 12 of the Prescription Act treats prescription as running from “the date the debt became due.” For an RAF claim, this is the date of the accident, not the date of lodgement with the Fund.
• Interruption by service of summons — prescription is interrupted when summons is served on the RAF (or its authorised agent) before the three-year period expires, and begins to run afresh from the date of service.
• Date of knowledge — section 12(2) of the Prescription Act allows prescription to be deferred where the claimant could not reasonably have known the identity of the wrongdoer or the extent of the injury at the time of the accident. This is most often relevant for latent injuries.

“Issuing” summons is not the same as “serving” summons. The clock is stopped by service, not by issue — a claimant who obtains a summons but fails to have it served in time will still find their claim prescribed.

The Constitutional Court Ruling That Changed the Period

Before 2011, section 17(4)(a) of the RAF Act fixed a special two-year prescription period for claims against the Fund, running from the date of the accident. That provision was set aside by the Constitutional Court in Road Accident Fund v Mdeyide (CCT 17/10) [2011] ZACC 7. The court found the two-year cut-off unjustifiably limited the rights of claimants, particularly those whose injuries only became fully apparent after the two-year mark had passed.

The practical consequence of Mdeyide is that RAF claims now follow the standard three-year prescription period under the Prescription Act 68 of 1969, rather than the old two-year accident-based period. The lodgement requirement and the 180-day waiting period in section 17 of the RAF Act remain in force.

Despite the new three-year window, claimants should still lodge with the RAF as soon as the medical and evidentiary picture is reasonably clear. Late lodgement compresses the window in which summons can actually issue after the 180 days have run, and a defective first lodgement may not reset the prescription period either. Early and careful lodgement remains the safest single protective step.

Special Situations That Change the Calculation

Some factual situations move the starting point, the length, or the evidentiary burden of the claim period.

Situation	Effect on the claim period	Statutory / case-law basis
Claimant was a minor at the time of the accident	Prescription does not run against the claimant while under 18. The three-year period starts on the claimant’s 18th birthday.	Prescription Act 68 of 1969, section 13(1)(a)
Hit-and-run accident (driver / vehicle cannot be identified)	Same three-year period applies, with no automatic extension. The claimant must prove to the RAF that the offending vehicle and driver cannot be traced.	RAF Act, section 17; common-law evidentiary burden
Fatal accident — dependants claiming loss of support	Same three-year period, but the cause of action accrues on the date of death of the breadwinner (not the accident date), brought by the deceased estate and/or dependants.	Prescription Act 68 of 1969, section 12; RAF Act
Latent or delayed-onset injuries	The cause of action may accrue on the date of knowledge of the injury, rather than the date of the accident.	Prescription Act 68 of 1969, section 12(2)
Claimant was the driver of the insured vehicle	Historically excluded from RAF compensation. Challenged since Mdeyide, with recovery possible in narrow circumstances, but still materially more contested than passenger or pedestrian claims.	RAF Act, section 17 (historical); post-Mdeyide jurisprudence

The minor-child rule is one of the most commonly missed points in practice — the three-year period only begins to run when the child turns 18, which can give the claimant well over a decade in which to bring the claim.

The Lodgement Step in Practice

Lodgement is the procedural gateway to litigation against the RAF — it gives the Fund notice of the loss and starts the 180-day clock.

1. Complete Form 1 — the prescribed form identifies the accident, the vehicles and parties involved, the injuries sustained, and the loss suffered.
2. Attach supporting documents — typically the police case report, identity documentation, medical reports and accounts, and proof of loss (income, supporting affidavits, etc.).
3. Submit to the RAF — lodgement is accepted at any RAF office or via the Fund’s electronic submission channels. The date of valid lodgement starts the 180-day clock.
4. Wait 180 days — during this window the RAF may investigate, request further documents, or make a settlement offer. Ignoring a reasonable offer may affect costs later.
5. Issue and serve summons — once 180 days have run and before the prescription period expires, the claimant may issue summons. Service on the Fund (or its authorised agent) is what interrupts prescription.

If the RAF rejects a lodgement as defective, the claimant must correct and re-lodge. A defective first lodgement may not reset the prescription period, which makes it essential to get Form 1 right the first time.

What “Starting Time” Means for Prescription

The starting point of the prescription period depends on what is actually being claimed. The general rules are:

• Ordinary accident claim — the cause of action arises on the date of the accident itself.
• Loss-of-support claims by dependants — the cause of action generally arises on the date of death of the breadwinner, not the date of the accident.
• Future medical expenses — prescription continues to run from the date the cause of action first accrued. It does not restart each time a new medical expense is incurred.
• Date of knowledge — section 12 of the Prescription Act applies where the claimant could not reasonably have known the identity of the wrongdoer or the extent of the injury at the time of the accident.

If you are unsure when your cause of action accrued, treat the date of the accident as the working assumption and obtain a formal opinion from an attorney before relying on a later date.

What Happens If You Miss the Prescription Period

Once prescription has run, the claim is extinguished — meaning the claimant loses the right to sue the RAF entirely. A claim that has already prescribed cannot be revived by a late lodgement or by an offer from the Fund.

RAF Claims in Gauteng: Where to Lodge and Where to Sue

A Gauteng claimant lodges a Road Accident Fund claim nationally — the RAF operates a single statutory fund — but the litigation layer after the 180-day waiting period is local. A summons against the RAF issued from Gauteng is filed in the Gauteng Division of the High Court, which sits in both Johannesburg and Pretoria; the choice of seat depends on where the accident occurred and where the claimant resides. Gauteng-based claimants often brief specialist RAF counsel for the trial stage in addition to instructing an attorney for the pleadings and interlocutory work.

The Prescription Act and the RAF Act apply uniformly across the country, but the procedural layer — including any settlement offer made under section 17 during the 180-day waiting period — is administered by the RAF’s Pretoria head office and its regional processing centres. Prospective claimants in Gauteng should lodge with the RAF as soon as the medical and evidentiary picture is reasonably clear, because the lodgement step is what starts the 180-day clock and is the single most protective step against the prescription deadline.

Burger Huyser Attorneys’ general litigation practice handles RAF and MVA matters through its Gauteng branches, with files run by directors who specialise in insurance repudiations and MVA claims. The Roodepoort branch is the firm’s primary hub for this work — Director Nadine Roesch-Prinsloo, who heads general litigation, is specifically identified in the firm’s profile as specialising in MVA claims and insurance repudiations. The firm’s Randburg head office is at 49 First Avenue, Linden, Randburg, 2195 (011 888 0246), with intake available across Bedfordview, Roodepoort, Sandton, Centurion, Alberton, Pretoria (Menlyn), and Midrand — the choice of branch is a matter of convenience, since the substantive claim is a national statutory one.

Frequently Asked Questions

How long do I have to claim from the Road Accident Fund in South Africa?

Three years from the date the cause of action arose, in terms of the Prescription Act 68 of 1969 — this replaced the old two-year accident-based period that the Constitutional Court struck down in Road Accident Fund v Mdeyide. The lodgement step (Form 1 to the RAF) and the 180-day waiting period under section 17 of the RAF Act are procedural layers that run alongside the prescription period, not substitutes for it.

When does the three-year prescription period start running for an RAF claim?

From the date the cause of action arose — normally the date of the accident. For dependants claiming loss of support, it is generally the date of death; for latent or delayed-onset injuries, it can be the date of knowledge under section 12(2) of the Prescription Act. For a child injured in the accident, prescription only begins to run from the child’s 18th birthday.

Can I lodge my RAF claim after the three-year prescription period has run?

No. Once the three-year period has expired without summons being served on the RAF, the claim is extinguished and you cannot revive it by lodging late. The lodgement step itself must be completed before the prescription period runs out — lodgement is a prerequisite to summons, but lodgement alone does not stop prescription.

Does the 180-day waiting period count against the three-year prescription period?

No — the 180 days run alongside the prescription period. They are two separate layers: the 180 days is the minimum time you must wait after lodgement before issuing summons, while the three-year period is the outer limit for serving summons. A claimant who lodges at the two-and-a-half-year mark still has only six months left to issue summons before prescription runs.

My accident was a hit-and-run — does the prescription period still apply?

Yes, the same three-year prescription period applies to hit-and-run accidents. There is no automatic extension merely because the driver cannot be identified, which is why lodgement and gathering of evidence (police case number, witness statements, medical records) should happen as soon as possible after the accident.

I was a child when the accident happened — when does my prescription period start?

On your 18th birthday. In terms of section 13(1)(a) of the Prescription Act, prescription does not run against a minor, so a claim arising from a motor-vehicle accident during childhood remains open for three years from the date the claimant turns 18. If the injury is severe, this gives the claimant well over a decade to bring the claim.

Can I claim from the RAF if I was the driver of the vehicle?

Historically no — driver-of-the-vehicle claims were excluded from RAF compensation. The position has been challenged in the courts since Mdeyide, and in some matters the Constitutional Court has permitted recovery in narrow circumstances, but this remains a far more contested area of the law than passenger or pedestrian claims. Any driver seeking compensation should obtain legal advice before lodgement.

If you have been injured in a motor-vehicle accident and are unsure whether you are still within the time limit to claim from the Road Accident Fund, contact Burger Huyser Attorneys’ general litigation team on 011 888 0246 (Linden head office) or 011 668 0030 (Roodepoort branch, where the firm’s MVA and insurance repudiation work is run from). The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields RAF, MVA, and insurance repudiation work across all Gauteng branches. An initial consultation will confirm whether your claim is still within the prescription period, whether the lodgement step has been correctly completed, and what the realistic prospects of recovery against the Fund are.