Who Can Claim from the Road Accident Fund in South Africa?

A claim from the Road Accident Fund (RAF) in South Africa can be lodged by any person who suffered bodily injury in a motor vehicle accident on a South African road, or — in a fatal accident — by the deceased’s dependants (spouse, child, parent or other family member financially supported by the deceased). The claim runs against the RAF under the Road Accident Fund Act 56 of 1996 (as amended by the RAF Amendment Act 19 of 2005) on a no-fault basis, but the claim form must be lodged within two years and any summons issued within five years or the claim prescribes.

What the RAF Is and Why “Who Can Claim” Has a Specific Answer

The Road Accident Fund is a statutory fund established under the Road Accident Fund Act 56 of 1996 to compensate victims of motor vehicle accidents on South African roads. It is a no-fault scheme against the Fund: the identity of the negligent driver does not have to be proven, although where the driver is identified the claim can also be brought directly against that driver in delict. The categories of eligible claimant are spelt out in the statute — a claimant does not need to prove fault, only fall within a category the Act recognises.

Categories of People Who Can Claim from the RAF

Claimant	What they can claim	Statutory basis
The injured person (driver, passenger, pedestrian, cyclist)	Past and future loss of earnings, medical and hospital expenses, general damages for pain and suffering and loss of amenities of life	Section 17, RAF Act
Dependants of a person killed in an MVA (spouse, child, parent or other family member financially supported)	Loss of support, loss of services, funeral expenses, general damages for the deceased’s suffering before death (where applicable)	Section 18, RAF Act
The estate of a deceased victim	Loss of earnings between date of accident and date of death, funeral expenses, medical expenses incurred before death	Section 19, RAF Act
A passenger injured in a vehicle driven by an unlicensed or intoxicated driver	Generally still entitled to claim, but may face a duty to mitigate by refusing passage — see “Common Exclusions”	Section 18 read with section 35, RAF Act

A claimant under 18 must be assisted by a parent, legal guardian or curator ad litem. A represented claimant lodges through their attorney.

What Losses the RAF Will Pay For (Heads of Damages)

• Past and future medical and hospital expenses — treatment, hospitalisation, medication and rehabilitation.
• Past and future loss of earnings or earning capacity — including for self-employed or informally employed claimants.
• Loss of amenities of life and pain and suffering (general damages) — subject to a serious-injury threshold under section 17. A Serious Injury Assessment Report (RAF 4) is required for any general-damages claim.
• Loss of support for dependants of a deceased victim.
• Funeral expenses for a person killed in an MVA, claimed by the close relative who paid them.
• Travelling expenses to and from medical treatment.

Eligibility Requirements That Apply to Every Claimant

• The accident must involve a motor vehicle as defined in the RAF Act (a vehicle designed or adapted for propulsion on a road, excluding rail-mounted rolling stock).
• It must have occurred on a road in South Africa; private-property and foreign-road accidents are outside the Fund’s jurisdiction.
• The claimant must have suffered bodily injury, or, in a death claim, must be a dependant or estate representative of someone who did.
• The claimant must not fall within the statutory exclusions below.

Common Exclusions and Common Reasons a Claim Fails

• Driving under the influence of intoxicating liquor or a narcotic drug — section 35 disqualifies an intoxicated driver whose conduct caused the injury.
• Driving without a licence — a claimant who knowingly travelled with an unlicensed driver had a duty to refuse passage; the disqualification is partial.
• Wilfully and unlawfully failing to wear a seatbelt — section 35A reduces compensation where the failure contributed to the injury.
• Accidents outside South Africa — the scheme does not cover foreign-road accidents.
• Identified-driver claims — a supplementary delict claim against the negligent driver is available for any shortfall.
• Late lodgement — see time-limits table below.

Apportionment applies: a claimant 20% to blame is reduced by 20%, and a sole-cause driver is excluded entirely.

Time Limits: How Long You Have to Claim

Step	Time limit	What happens if missed
Lodge the RAF 1 claim form with the Fund	Within 2 years of the date of the accident	The Fund may reject a late lodgement and a court will refuse to hear an action outside prescription
Issue summons against the RAF in court	Within 5 years of the date of the accident (or, in a death claim, the date of death)	The claim prescribes under section 23 of the RAF Act; the claimant loses the right to sue
Claim by a minor under 18	Time runs only from the date the minor turns 18	A claim lodged for a child at age 6 still has the full two-year window to run once they turn 18
Injury not immediately apparent	Time runs from when the injury became reasonably discoverable	Late-discovered injuries should be addressed with an attorney before relying on this exception

Step-by-Step: How an Eligible Claimant Actually Lodges

1. Obtain medical treatment and keep a complete clinical record.
2. Report the accident to the South African Police Service within 14 days; the SAPS case number is required for the RAF form.
3. Identify the parties — driver, vehicle owner, registration, witnesses. Record hit-and-run facts in the SAPS docket.
4. Complete the RAF 1 claim form (legacy Form 1 for pre-1 August 2008 accidents). For general-damages claims after that date, a Serious Injury Assessment Report (RAF 4) is also required.
5. Lodge the form at the nearest RAF regional office — Pretoria, Johannesburg, Cape Town, Durban, Bloemfontein or Polokwane — within two years, by hard copy.
6. Receive the Fund’s response. Once unresolved, summons may be issued in the South Gauteng High Court, Johannesburg.
7. Litigation if not settled.

What the Firm Looks At When Assessing an RAF Eligibility Question

• Whether the accident falls within the statutory definition.
• Which category of claimant applies and which heads of damages are available.
• Whether any section 35 or section 35A exclusion or reduction is engaged.
• Whether the lodgement and prescription deadlines have been met (or whether a condonation application is available).
• Whether third-party recovery against an identified negligent driver is worth adding as a parallel claim.

RAF Claims in South Africa: Where They Are Lodged and Why a Gauteng Attorney Can Run the File from Anywhere

Frequently Asked Questions

Can I claim from the Road Accident Fund if the accident was my fault?

Yes. The RAF is a no-fault scheme — you don’t need to prove another driver caused the accident. Partly-at-fault claims are reduced in proportion to your contributory negligence, and a sole-cause driver is excluded entirely.

Can a family member claim if a loved one was killed in an MVA?

Yes. Dependants (spouse, children, parents or anyone financially supported) can claim loss of support, loss of services and funeral expenses under section 18. The estate can claim any loss between accident and death, plus funeral expenses.

How long do I have to lodge an RAF claim?

A claim form (RAF 1) must be lodged within two years of the accident. Summons must be issued within five years, or the claim prescribes under section 23 of the RAF Act. For minors, prescription runs from their 18th birthday.

Can a passenger claim from the RAF if the driver was drunk?

Generally yes — section 35 only disqualifies a passenger who knew the driver was intoxicated or unlicensed and knowingly accepted the lift. A passenger who didn’t know can still claim.

What does the RAF pay out?

Reasonable past and future medical and hospital expenses, past and future loss of earnings, general damages for pain and suffering (subject to the serious-injury threshold), loss of support for dependants, and reasonable funeral expenses. Vehicle damage is largely excluded.

Do I need a lawyer to claim from the RAF?

You can lodge personally, but most contested matters go through an attorney. The Fund’s first offer is often low, future-loss calculations need actuarial input, and the five-year prescription deadline is unforgiving. An attorney can run the matter to trial if the Fund declines to settle.

If you have been injured in a motor vehicle accident — or have lost a family member in one — and are weighing up whether you qualify for a Road Accident Fund claim, Burger Huyser Attorneys’ general litigation practice can take you through the eligibility categories, heads of damages and prescription deadlines before you lodge. Book through the Linden head office (49 First Avenue, Linden, Randburg, 011 888 0246), the Roodepoort branch (16 Galena Avenue, Helderkruin, 011 668 0030), or the Sandton branch (Block 3, 1st Floor, Northdowns Office Park, 17 Georgian Crescent East, Bryanston, 011 253 3080). The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified) and runs RAF files end-to-end — from lodgement to settlement or trial.