You can claim from the Road Accident Fund when you suffered bodily injury, or lost a close family member, in a motor vehicle accident caused by another driver — or as the dependent of someone who died in such an accident — under section 17 of the Road Accident Fund Act 56 of 1996. The accident must involve a motor vehicle as defined in the Act, driven on a public road, and the claim must be lodged within the applicable prescription period — generally three years from the date of the accident, with extensions where the injury or death was not immediately diagnosable, and suspension of prescription while the claimant is a minor. Recent amendments (the RAF Amendment Acts of 2005 and 2024) have progressively extended direct claims to certain passenger and driver categories that were historically excluded, and an RAF-litigation attorney confirms which regime applies to a specific accident date.

The Statutory Test: Who and What the RAF Covers

The Road Accident Fund Act 56 of 1996 (as amended by the 2005 and 2024 amendment acts) sets the eligibility framework for every claim against the Fund. Section 17 of the Act establishes the right to claim against the RAF for loss or damage arising from bodily injury or death caused by, or arising out of, the driving of a motor vehicle.

Two factual thresholds must be met before the statutory right engages:

• The accident must involve a “motor vehicle” as defined in the Act — a vehicle designed or adapted for propulsion on roads by mechanical or electrical power (trains, aircraft and vessels are excluded).
• The accident must have occurred on a public road, or in circumstances that bring the vehicle within the Act.

Where both thresholds are met, the claimant shifts from asking whether they can claim to asking when they must claim — and the answer to that turns on the prescription rules below.

The “Third Party” Rule and Its Recent Erosion

Under the original section 17 regime, only third parties could claim against the RAF — not the driver or owner of the negligent vehicle for their own injuries. A driver’s own injuries caused by their own negligence were historically not compensable from the Fund, and the doctrine placed a clear boundary around the claimant population.

The 2005 and 2024 amendment acts have progressively eroded that boundary, extending direct claims to certain categories of passengers and drivers in specified circumstances, on phased commencement dates tied to the date of the accident. The operative regime therefore depends on two variables:

• The date of the accident — which determines which version of the Act applies.
• The claimant’s category — which determines whether that version opens a route to compensation.

Because the amendments operate with staged commencement dates, the right answer can differ between two accidents separated only by a few months. Practitioners in the firm’s general litigation practice confirm the operative regime before lodgement — a misstep on which version of the Act applies is fatal to the claim.

Categories of Claimant the RAF Recognises

The current statutory framework recognises the following categories of claimant. Not every category existed under the original section 17 regime; the third column flags where the 2005/2024 amendments extended coverage.

Category	Example	Status
Third-party injured persons	Pedestrians, cyclists, passengers in other vehicles, occupants of other vehicles in multi-vehicle collisions	Original section 17
Dependents of a deceased victim	Spouses, children, and other legally or factually dependent persons	Original section 17
Passengers in any vehicle involved	Passengers in the negligent driver’s own vehicle	Longstanding recognised category
Pedestrians and cyclists	Injured by a motor vehicle on a public road	Original section 17
Drivers in specified circumstances	Subject to the current amendment regime	Extended by 2005/2024 amendments — confirm with attorney

What You Can Claim For

Where eligibility is established, the recoverable heads of loss include:

• Past and future loss of earnings, subject to statutory caps under the most recent amendments where applicable.
• Medical and hospital expenses that are reasonable and necessarily incurred as a result of the accident.
• General damages for pain, suffering, loss of amenities of life, and disfigurement, subject to the general damages tariff under the most recent amendment regime where applicable.
• Loss of support for dependents of a deceased victim, calculated according to the dependency tables and actuarial practice.
• Funeral expenses in a death claim.

When You Cannot Claim

A claim will not succeed where any of the following applies:

• The accident was not caused by the negligent driving of a motor vehicle on a public road (or the relevant defined circumstance).
• The injury was caused by the claimant’s own negligence as the sole cause, where the third-party rule still applies and the claimant falls outside the extended direct-claim categories.
• The claim is time-barred under the prescription rules (see below) and no condonation is available.
• The accident involves only the claimant’s own vehicle with no third party and no applicable extended category under the current amendment regime.

Timing: The Prescription Rule and Special Cases

The “when” in this article’s title is answered by the Prescription Act read with the RAF Act, and by settled case law on RAF claims. The standard and special-case rules are summarised below.

Claimant situation	Prescription period	Notes
Standard claim	Three years from the date of the accident	Period runs from the accident date, not the date of diagnosis
Late-diagnosable injury or death	Three years from the date the injury or death became reasonably apparent	Doctor’s opinion typically anchors the “apparent” date
Minors (under 18)	Three years from turning 18	Prescription is suspended while the claimant is a minor
Persons under legal disability	Three years from the end of the disability	Prescription is suspended while the disability continues
Deceased estates	Three years from the date of death	The executor lodges on behalf of the estate within the standard executor’s period

If the deadline is missed, the claim becomes prescribed and the RAF will raise a special plea in any litigation. In exceptional circumstances condonation or section 9 of the Prescription Act may apply, but the threshold is high. The practical advice is to lodge before prescription runs, not to test the limits.

The Process: From Eligibility to Lodgement

1. Confirm eligibility under section 17 against the specific fact pattern — driver status, vehicle category, road status, date of accident, current statutory regime.
2. Gather supporting documents — accident report (CAS), identity documents, medical reports and hospital records, proof of earnings, and proof of dependency for death claims.
3. Lodge a formal claim with the RAF, either directly by the claimant or through an attorney acting on instructions.
4. The RAF investigates and either admits liability with an offer, disputes liability, or makes a settlement offer short of full admission.
5. If settlement is not reached within the prescribed framework, the matter is litigated in the High Court — typically the Gauteng Division for Gauteng-based matters, given the RAF’s national administrative centre in Centurion.

Where to File in Gauteng — and a Common Confusion to Avoid

Why Engage a Specialist RAF Attorney

RAF litigation is technical and procedural, and a misstep at any stage can be fatal to the claim. The following factors are worth weighing when choosing a practitioner:

• Eligibility turns on the specific fact pattern — accident type, vehicle category, driver status, accident date — and the operative version of the Act; a misstep on any of these is fatal to the claim.
• Recent amendments have layered the regime; an RAF-litigation specialist tracks which regime applies to each claim date.
• The RAF frequently disputes liability on technical grounds (causation, identity of driver, scope of “motor vehicle”); an experienced attorney anticipates and pre-empts these disputes in the founding papers.
• Quantum (the amount claimed) involves actuarial input on loss of earnings, future medical expenses and dependency calculations, which the firm coordinates.
• High Court litigation in RAF matters is procedural and time-sensitive; an attorney manages the process end-to-end, including expert notices, settlement meetings and trial preparation.

Burger Huyser Attorneys’ general litigation practice is set up against exactly this profile — Director Nadine Roesch-Prinsloo at the Roodepoort branch specialises in MVA claims and insurance repudiations, and the firm fields RAF files across its Gauteng branches.

Frequently Asked Questions

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

Under the original section 17 regime, drivers could not claim from the RAF for their own injuries caused by their own negligence. Recent amendments have extended direct claims to certain driver categories in specified circumstances. Whether a specific driver’s claim falls within the extended category depends on the date of the accident and the specific fact pattern — an attorney can confirm whether the claim is now permissible.

Can I claim from the RAF if I was a passenger in the car that caused the accident?

Yes. Passengers in any vehicle involved in the accident have a recognised claim against the RAF, including passengers in the negligent driver’s vehicle. The claim is brought by the passenger against the Fund for the passenger’s own injuries — not against the driver personally.

How long do I have to lodge an RAF claim after an accident?

The standard prescription period is three years from the date of the accident. Where the injury was not immediately diagnosable, the period runs from the date it became reasonably apparent. For minors, prescription is suspended while they are under 18, giving an effective three years from turning 18 to lodge.

What happens if I miss the three-year deadline?

A claim lodged after the prescription period is prescribed and the RAF will raise it as a special plea in any litigation. In exceptional circumstances an attorney can apply for condonation or rely on section 9 of the Prescription Act — but the threshold is high. The practical advice is to lodge before prescription runs, not to test the limits.

What if I was hit by a hit-and-run driver?

Hit-and-run cases are covered under section 18 of the Act, with specific procedural requirements — a sworn statement, police investigation, and a prescribed waiting period before lodgement. An RAF-litigation attorney is the appropriate practitioner to handle these claims because the procedural layer differs from a straightforward third-party claim.

Can I claim if I was a pedestrian or cyclist?

Yes — pedestrians and cyclists who are injured by a motor vehicle on a public road have a recognised claim against the RAF. The claim is brought against the Fund, not against the driver personally.

Does Burger Huyser handle RAF claims?

Yes — the firm’s general litigation practice handles RAF and MVA claims, with Director Nadine Roesch-Prinsloo (Roodepoort, 011 668 0030) specialising in MVA claims and insurance repudiations. Files are opened at the branch most appropriate to the matter’s geographic nexus — Roodepoort for southern-Gauteng and West Rand matters, Centurion (012 644 4990) or Pretoria (012 471 5700) for northern-Gauteng matters.

If you have been injured in a motor vehicle accident and want to confirm whether you can claim against the Road Accident Fund, Burger Huyser Attorneys’ general litigation practice can take your matter through eligibility review, claim lodgement, and (if needed) High Court litigation. Director Nadine Roesch-Prinsloo (Roodepoort, 011 668 0030) specialises in MVA claims and insurance repudiations. For Pretoria or Centurion matters, the firm’s Centurion branch (012 644 4990) or Pretoria branch (012 471 5700) is the natural intake point. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and fields RAF work across its Gauteng branches.