Road Accident Fund claims pay for injuries and losses after a vehicle accident in South Africa. The claiming process is technical, slow, and full of refusals that could have been avoided.
Otrebski Attorneys runs RAF claims from its Sandton office for clients across Gauteng. This page explains what the fund covers, who may claim, and how the firm runs a claim.
What the Road Accident Fund Covers
The RAF compensates people injured, or the dependants of people killed, through the negligent driving of a motor vehicle. Compensation can cover medical expenses, loss of income, loss of support for dependants, and general damages for serious injuries. The claim rests on the Road Accident Fund Act 56 of 1996.
Who May Claim
- Passengers injured in a crash, whoever was at fault.
- Pedestrians and cyclists struck by a vehicle.
- Drivers who were not negligent.
- Dependants of a breadwinner killed in an accident (loss of support claims, using the RAF-1 form).
A negligent driver cannot claim for their own injuries. Passengers carried knowingly by a drunk driver may face an apportionment reduction.
Serious and Minor Injuries Are Treated Differently
| Minor injury | Serious injury | |
|---|---|---|
| General damages (pain and suffering) | Not payable | Payable once assessed as serious |
| Medical expenses and loss of income | Payable | Payable |
| Assessment | Ordinary claim process | RAF serious-injury assessment (30% whole-person impairment threshold applies) |
How the Firm Runs a RAF Claim
- Free assessment of the claim’s strength and prescription deadline (three years from the accident, or two for hit-and-run claims).
- Collecting the accident report, medical records, and witness statements.
- Lodging the claim with the fund and managing every query.
- Negotiating settlement or issuing summons when the fund delays or underoffers.
Related Guides
Read the claim process step by step, how to run a claim status check, what the RAF pays for different injuries, and how long payment after settlement takes.
Frequently Asked Questions
How long does a RAF claim take?
Most claims settle in one to three years, depending on the injuries, the completeness of the records, and whether the fund contests liability.
Can I claim if the accident was partly my fault?
Passengers can claim even when the driver was at fault. A driver who was partly negligent may have compensation reduced in proportion.
What does it cost to claim?
The fee structure is agreed in writing before work begins. Costs and the funding model are explained at the first consultation.
Is it too late to claim?
Claims prescribe three years after the accident. If the deadline is near, a claim must be lodged immediately to preserve it.
Injured in a road accident? Otrebski Attorneys, a 100% women-led firm with a Level 4 B-BBEE rating and a 5-star Google rating, handles RAF claims from its Sandton office. Call 060 500 3098 or book an appointment.
Disclaimer. This page is general information about Road Accident Fund claims in South Africa and is not legal advice. Prescription periods and the fund’s rules change. Consult a qualified attorney about a specific accident.