A road accident can change your life in seconds. Beyond the pain and the recovery, there are hospital bills, time off work, and a long list of paperwork.
The Road Accident Fund, usually called the RAF, exists to compensate people injured in motor vehicle accidents in South Africa, as well as dependants who lose a breadwinner. This guide walks you through the RAF claim process step by step, so you know what to expect at each stage.
The process follows a predictable sequence: gather documents, lodge the claim, wait for investigation, and then either settle or go to court. Each step has its own requirements, and small mistakes early on can cause long delays later. Here is how it works.
What the RAF Is and Who May Claim
The RAF is a public entity that compensates anyone injured in a road accident in South Africa caused by the negligent or wrongful driving of a motor vehicle. It operates under the Road Accident Fund Act 56 of 1996. You may claim if you were a driver, a passenger, a pedestrian, or a cyclist, as long as someone else’s negligent driving caused or contributed to your injuries. The claim is lodged on the prescribed RAF-1 form, which is the statutory claim form the Fund requires.
If the accident claimed a life, the right to claim does not fall away. Dependents of a deceased breadwinner can claim for loss of support, a process we explain in our guide to a RAF claim for death.
Step 1: Report the Accident and Gather Documents
Your health comes first, so get medical help immediately and keep every record. Next, report the accident to the police, because the police report and case number form part of your claim. While your memory is fresh, note the details of the other vehicle, the driver, and any witnesses, and take photographs of the scene if you can.
The core documents usually include:
- A certified copy of your ID
- The police report and sketch plan
- Medical and hospital records
- Proof of income, such as payslips, for a loss of income claim
- The RAF-4 serious injury assessment report, completed by a medical practitioner, for general damages
- A death certificate and proof of dependency, if a loved one died
Step 2: Lodge the Claim on the RAF-1 Form
The claim is lodged by completing the RAF-1 form in full and submitting it to the RAF with the supporting documents. Every applicable paragraph must be completed. An incomplete form is one of the most common reasons claims stall at the start. You can lodge the claim yourself, but most claimants use an attorney who handles RAF matters regularly, because the paperwork, medical evidence, and quantification of damages are specialised work.
Mind the clock. A claim must generally be lodged within three years of the accident date, or it prescribes, which means it is lost forever. Different prescription rules apply to minors and to claims against drivers who could not be identified, so confirm the deadline that applies to your case with an attorney as soon as possible.
Step 3: The RAF Investigates
Once the claim is lodged, the RAF investigates. This includes verifying the accident report, checking liability, reviewing medical records, and often arranging an independent medical examination. In injury claims, attorneys usually wait until the client reaches maximum medical improvement, which typically takes twelve to twenty-four months, before finalising the claim. This is because the long-term effect of your injuries cannot be measured accurately while you are still recovering.
Waiting for news is hard. Our article on checking your RAF claim status explains the portal, phone, and WhatsApp channels the Fund provides for claim queries.
Step 4: Settlement or Summons
After investigation and once your damages are quantified, the RAF may make a settlement offer. Your attorney will advise whether the offer fairly reflects your losses, and you can accept or reject it. If no agreement is reached, or the RAF repudiates the claim, your attorney will issue summons and the matter proceeds through the courts. Most claims settle before trial, but litigation is sometimes necessary to force proper payment.
What the Fund may pay depends on how your injuries and losses are categorised, a topic we cover in plain language in our article on RAF payouts.
Step 5: Payment or an Undertaking
Once the claim is settled or judgment is granted, payment is processed. The Fund generally aims to pay within one hundred and eighty days after a settlement or court order, though delays do happen. If your claim includes future medical expenses, the RAF often does not pay that portion as cash. Instead, it issues an undertaking under section 17(4) of the RAF Act, under which it pays qualifying medical service providers directly as your treatment continues.
The payment stage has its own rhythm and its own frustrations, which is why we wrote a separate guide on RAF payout times. And if your injury is severe, read our list of serious injuries the RAF pays general damages for, because that classification affects what you can claim for pain and suffering.
Frequently Asked Questions
Do I need a lawyer to lodge a RAF claim?
No, the law does not require a lawyer, and the RAF accepts claims lodged directly by the public. In practice, most claimants use attorneys because RAF claims involve medical evidence, statutory forms, and the quantification of losses that are difficult to handle alone. Many attorneys who do this work charge on a contingency basis, meaning their fee is linked to the outcome.
How long do I have to claim from the RAF?
Generally three years from the date of the accident, or from the date the claim arose. After that the claim prescribes. Different rules apply to claimants who were minors at the time and to claims against unidentified drivers, so confirm your deadline early.
Can I claim if the accident was partly my fault?
Often yes. The RAF can reduce compensation in proportion to your own contribution to the accident, a principle called apportionment. Drivers who were solely at fault generally cannot claim for their own injuries, but passengers and pedestrians usually can, even where they partly contributed.
What is the difference between the RAF-1 form and the RAF-4 form?
The RAF-1 form lodges the claim itself and sets out the accident details and losses. The RAF-4 form is the serious injury assessment report that a medical practitioner must complete if you want to claim general damages for pain and suffering. The two forms serve different purposes and most injury claims need both.
Injured in a road accident and unsure where to start? Otrebski Attorneys handles RAF claims from first documents to final payout. We are a 100% women-led law firm with a Level 4 B-BBEE rating and a 5-star Google rating, led by Director Nastasja Otrebski. Call us on 060 500 3098 to discuss your claim.
Disclaimer. This article is general information about South African law and is not legal advice. RAF claim outcomes depend on the facts of each matter. Please consult a qualified attorney before acting on anything you read here.