Written by: Arnold Bothma

Date: October 2025 

What Are Your Rights After A Motor Vehicle Accident?

Being involved in a motor vehicle accident can be overwhelming, especially when injuries, medical bills, or the loss of a breadwinner are involved. The Road Accident Fund (RAF) exists to provide financial support to those affected by negligent driving on South African roads. However, the claims process can be technical and frustrating to navigate without legal assistance.

This article serves as a quick how-to guide on how attorneys at Burger Huyser Attorneys attend to all our Road Accident Fund matters by addressing the questions that a prospective claimant and client of the firm might have.

What Is The Road Accident Fund (RAF)?

The Road Accident Fund is a parastatal (government-run) insurance scheme that helps people who are injured, as well as the dependents and guardians of people killed in motor vehicle road accidents in South Africa. It was created under the Road Accident Fund Act 56 of 1996 and offers financial support to claimants of motor vehicle accidents caused by the negligent driving of another vehicle. Understanding South Africa’s Road Accident Fund is crucial for victims seeking compensation. The fund not only assists with medical expenses but also covers loss of income and funeral costs. Claimants must navigate specific procedures to ensure they receive the benefits they are entitled to.

Key points to understand about why the Road Accident Fund (RAF) exists:

  • Every time you refuel in South Africa, a portion of the price goes to the RAF.

This is called the fuel levy. It means all road users who refuel help fund the Road Accident Fund.

  • Instead of suing the negligent driver directly, you claim from the Road Accident Fund (RAF) directly. This makes the process quite easy and fair for any person who has been affected by a motor vehicle accident.
  • This system ensures that compensation is available even if the responsible driver has no insurance or personal financial means. 

Who Are The Affected Persons Who Can Claim From The Road Accident Fund (RAF)?

Any person can claim from the RAF if:

  • You were injured in a motor vehicle accident caused by the negligent driving of a motor vehicle by someone else.
  •  You are a passenger, pedestrian, cyclist, or driver (just as long as the claimant was not fully at fault).
  •  You are a dependent (like a spouse or child) of a breadwinner (someone who died in a road accident).
  •  You are a legal guardian claiming on behalf of a minor or someone who cannot claim for themselves.

DID YOU KNOW – Even a non-South African citizen is afforded the right to claim if the accident happened on any public South African road, as long as the road was meant for public use.

What Does The Road Accident Fund (RAF) Not Cover?

The Road Accident Fund (RAF) only pays for injuries sustained and/or the death of a claimant.

It does not afford cover of:

  • Actual damage to motor vehicles: repair/scrap value of your motor vehicle.
  • Any damage to any property of the claimant (like cell phones, handbags, or clothes worn by the claimant).
  • Claims for motor vehicle accidents where the claimant were 100% at fault (for example, when your motor vehicle lost control and hit a tree).

 

If your vehicle or any belongings (property) are damaged, you must initiate a claim against from the person who caused the accident or their insurer.

What Compensation Can Be Claimed By A Claimant?

If your claim is successful, the Road Accident Fund (RAF) may cover:

  • Past and future medical expenses (any accident-related hospital bills, doctor visits and/or assistive devices).
  • Past and future loss of income (from the date of the accident to the date of returning to work).
  • Funeral costs (limited to necessary burial costs if someone has died in the accident).
  • Past and future loss of support for dependents, whether a spouse or a minor/major child of someone who died due to the accident.
  • General damages (for pain, suffering, and emotional trauma caused by the accident).

We here at Burger Huyser attorneys work on a “no-success-no-fee” basis by way of a contingency fee agreement.

What Is A Contingency Fee Agreement?

This is a legal agreement between you and your lawyer. It means:

  • You do not pay the legal team or law firm upfront for any litigation fees.
  • If you win the case (subject to the definition of success), the lawyer takes a percentage of your payout (usually up to 25% – twenty-five per cent).
  • If you lose (subject to discretion), you do not have to pay any fees to the legal firm.

This helps people who cannot afford exorbitant legal fees (medico-legal reports or advocate fees) to still obtain compensation due to the accident.

What Is Meant By “The Fault Basis” In Road Accident Fund (RAF) Claims?

The Road Accident Fund (RAF) is regulated by a fault-based system. This means:

  • You must prove that someone else was partly or fully responsible for the accident.
  • If you are partly at fault (apportionment of damages percentage), you may only get reduced compensation.
  • The aforementioned, however, must always be set off against the fact that if you were fully responsible, you cannot claim. 

What Is The Process After A Claim Is Submitted?

Once your claim is submitted:

  • The Road Accident Fund (RAF) takes all the claim documentation under review.
  • The road accident fund claim handler may ask for substantive information and/or medical exams.
  • The road accident fund representatives may decide on how and how much compensation you should get.
  • The claimant might receive a settlement offer; however, this is very unlikely.
  • If you wish to accept any offer made, on guidance from our firm, the road accident fund then pays directly into our trust account after a certain period (usually 180 (one hundred and eighty) days have lapsed).
  • If you do not agree with the terms of the offer of settlement, our highly skilled boutique firm can take the matter to court after obtaining any and all needed medico-legal reports.

Burger Huyser Attorneys manages this entire process on your behalf, including arranging medical assessments and expert reports.

What Happens If A Child Is Injured?

A parent or legal guardian must claim on behalf of a minor child – subject to the guardian’s eligibility. The claim can be submitted directly to the fund or through a top-tier of lawyers here at Burger Huyser attorneys.

It is important to note that when the child turns majority, normally at the age of 18, the parent can no longer claim on behalf of the child. This protects children and ensures the child does not lose their right to claim compensation.

Can A Non-South African Citizen Lodge A Claim?

Yes. If you are a non-South African citizen and were injured in an accident within the borders of South Africa, you can still claim from the road accident fund, although the accident must have occurred on public-use South African roads.

How Does The Road Accident Fund (RAF) Calculate Compensation Claims?

The Road Accident Fund (RAF) representatives have regard for:

  • The seriousness and the extent of your injuries
  • The past medical expenses (which are often not available when you are admitted to a state-owned hospital).
  • The income you received before the accident occurred.
  • The ability of the claimant to actually work after the accident (including whether the claimant is a competent competitor in the open labour market).
  • The physical age of the claimant and the age of any minor and/or major dependents, if the breadwinner has passed away.

Medical and actuarial experts play a significant role in determining these values.

The Road Accident Fund (RAF) is an integral part of our legal system. It plays a vital role in supporting individuals and families affected by motor vehicle accidents. It helps protect all road users from financial and/or emotional pain sustained due to accidents, which are a daily occurrence in South Africa.

However, the claims process can be slow, technical, and complex. Without legal guidance, claimants often receive significantly less than they are entitled to — or have claims rejected unnecessarily.

At Burger Huyser Attorneys, our personal injury team is experienced in RAF litigation and passionate about securing fair and just compensation for our clients.

If you or a loved one has been injured in a motor vehicle accident, contact us today — we are here to help you every step of the way.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223