Your Guide to Claiming From the Road Accident Fund

The Road Accident Fund (RAF) exists to compensate individuals who have suffered bodily injury or loss due to a motor vehicle accident on South African roads. It is a form of social security designed to cushion the financial impact of accidents caused by negligent driving.

Established under the Road Accident Fund Act 56 of 1996, and later amended by the Road Accident Fund Amendment Act 19 of 2005, the RAF system is fault-based, meaning a claim can only succeed if someone other than the claimant was at fault (even partially). While the intention behind the RAF is to offer relief, navigating the claim process can be confusing, frustrating, and time-consuming, especially without legal guidance.

In this article, we break down the essentials, who can claim, what documents are needed, how the process works, and the critical timeframes that apply.

1. Who can claim from the RAF?

• A person who sustained bodily injuries in the accident, whether as a driver, passenger or pedestrian.
• A dependant of a deceased breadwinner who passed away as a result of the accident.
• A close relative who personally paid for the funeral expenses of a deceased person involved in the accident.
• A claimant under the age of 18, or a person who lacks legal capacity, provided the claim is brought by a parent, legal guardian, or curator ad litem.

The types of vehicles covered under the RAF Act include:

• Cars and motorcycles;
• Trailers, caravans, and agricultural implements, when these are being towed by a motor vehicle at the time of the accident; and 
• Any vehicle designed or adapted for propulsion or haulage on a road using fuel, gas, or electricity.

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2. Who Cannot Claim from the RAF?

• Individuals who were 100% at fault for the accident.
• Drivers who were operating a motor vehicle unlawfully, such as without a valid driver’s license or under the influence of drugs or alcohol.
• The driver in a single-vehicle accident, if they were the sole cause.
• Cyclists, unless they were struck by a motor vehicle (cyclists are not considered “motor vehicle users” under the Act).
• Witnesses to an accident who did not suffer any bodily injury themselves.
• Anyone injured or killed in an accident that occurred outside the Republic of South Africa.

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3. Types of Damages You Can Claim from the RAF

When lodging a claim with the Road Accident Fund, the compensation awarded generally falls into two main categories: special damages and general damages.

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Special Damages

These refer to actual financial losses you have suffered (or are likely to suffer) as a direct result of the accident. They include:

• Past and future medical expenses

• Costs for treatment, rehabilitation, surgeries, medication, and hospitalisation.

• Past and future loss of earnings

• Compensation for income lost due to your inability to work, or reduced earning capacity going forward.

• Loss of support

• Awarded to dependants of a deceased breadwinner to compensate for the financial support they can no longer receive.

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Funeral expenses

Reasonable costs incurred by a family member for the burial or cremation of the deceased.

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General Damages:

These cover non-financial losses, the human impact of the accident that is not easily quantifiable. They include:

• Pain and suffering

• Physical pain and emotional trauma endured as a result of the injuries.

• Loss of amenities of life

• The inability to enjoy day-to-day activities, hobbies, or relationships due to the injury.

• Permanent disability or disfigurement

• Where the accident has left lasting physical or psychological damage.

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4. Limitations on RAF Compensation Post-2008

To maintain the long-term sustainability of the Fund, the RAF Amendment Act introduced new caps and criteria for claims, applicable to accidents occurring on or after 1 August 2008.

The current limitations are as follows:

 Medical and Hospital Expenses

The RAF pays for medical costs based on two separate tariffs:

• Emergency medical treatment is paid according to the National Health Reference Price List (NHRPL).
• Non-emergency medical treatment is paid in accordance with the Uniform Patient Fee Schedule (UPFS) for full-paying patients, as prescribed under the National Health Act 61 of 2003, and updated periodically.

What this means: The RAF does pay for medical expenses, but it doesn’t cover private rates in full. Instead, it pays according to fixed government tariffs, depending on the type of treatment you receive. If the treatment is an emergency, like ambulance services, surgery right after the accident, or being admitted to hospital urgently. The costs are paid according to the NHRPL. For non-emergency treatment, such as follow-up doctor visits, physiotherapy, or ongoing rehabilitation, the RAF uses the UPFS, which is a government-approved pricing guide for patients who pay in full. These tariffs are updated from time to time and generally fall well below private healthcare rates, which is why many claimants still end up paying some of the shortfall out of pocket.

Loss of Income and Loss of Support

• Compensation for both loss of income (for injured individuals) and loss of support (for dependants of deceased breadwinners) is capped at a statutory maximum amount per annum of R361 372.00 (effective 30 April 2024), regardless of actual earnings or financial dependency.
• This cap is adjusted to account for inflation and is subject to change.

What this means: The RAF places a limit on how much it will pay for loss of income and loss of support, no matter how much the injured person earned or how much their dependants relied on them. The RAF’s role is not to fully replace every cent lost, but to keep the system sustainable so that more people can be helped.

General Damages

• General damages (for pain and suffering, loss of amenities of life, etc.) are only payable in cases involving serious injury.
• An injury qualifies as “serious” if it results in 30% or more Whole Person Impairment (WPI) as assessed under the American Medical Association Guides (AMA Guides).
• Injuries with less than 30% WPI may still be considered serious if they:

• Result in long-term impairment or loss of a bodily function;
• Constitute permanent serious disfigurement;
• Cause severe long-term mental or behavioural disturbance or disorder; or
• Result in the loss of a foetus.

What this means: You can only claim for general damages, like pain, suffering, or the impact the injury has on your daily life, if your injury is considered serious. General damages are only paid when the injury has a lasting effect on your life.

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5. What You Need to Lodge a Claim

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To lodge a successful claim with the Road Accident Fund, certain supporting documents must be submitted. These help prove your injuries, the circumstances of the accident, and the extent of your losses:

• RAF 1 Form – A fully completed and signed claim form that starts the process.
• RAF 4 form – A serious injury assessment report, to be completed if seeking general damages for injuries sustained in an accident.
• Accident Report (AR Form) – The official police report or case number confirming the details of the accident.
• Medical Records – Includes hospital files, treatment notes, discharge summaries, and any follow-up care.
• Medico-Legal Reports – Expert medical assessments showing the long-term impact of your injuries.
• Proof of Identity – A certified copy of your ID or passport to confirm who you are.
• Proof of Income – Recent payslips, bank statements, or a letter from your employer to show your earnings.
• Witness Statements – Sworn affidavits from anyone who witnessed the accident.
• Death Certificate and Supporting Documents – Required when claiming for loss of support or funeral expenses on behalf of a deceased person.

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6. Types of Medico-Legal Reports Used in RAF Claims

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To support your RAF claim, various expert reports are often required to support the compensation you are claiming, the following reports are generally used:

• Orthopaedic Reports – Assess injuries to bones, joints, ligaments, and muscles.
• Neurological Reports – Evaluate head injuries, brain trauma, and nerve damage.
• Psychiatric/Psychological Reports – Examine emotional trauma, depression, anxiety, or other mental health effects.
• Occupational Therapy Reports – Assess how the injuries affect your ability to work, care for yourself, and perform daily activities.
• Plastic Surgery Reports – Evaluate scarring, disfigurement, and the need for reconstructive procedures.
• Physiotherapy Reports – Outline rehabilitation needs and long-term recovery prospects.
• Actuarial Reports – Provide a financial analysis of loss of income, reduced earning capacity, and future medical costs.

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7. Differences between Medical Report and Medico‑Legal Reports

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A medical report is completed by a doctor whom you receive treatment from in respect of your injuries. That report records your injuries, diagnosis, treatment and recovery progress. 

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A medico‑legal report, by contrast, is written by an independent specialist for legal purposes. It sets out the cause of your injuries, permanent disability, future medical needs and prognosis. You need medico‑legal reports to prove the long‑term effects of your accident and to calculate fair compensation.

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8. Time Limits for Lodging an RAF Claim

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• If the driver or vehicle owner is known, the claim must be lodged within three years of the accident and finalised within five years.

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• In a hit-and-run accident, where the driver or vehicle is unknown, the claim must be lodged within two years and finalised within five years.

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• For undertaking claims in terms of Section 17(4)(a)(ii) (where the RAF agrees to cover future medical costs), the claim must be lodged and finalised within five years from the date the medical service is rendered.

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Failing to meet these deadlines can result in your claim prescribing, meaning you lose your right to compensation entirely.

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9. When to get an Attorney involved

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While it is possible to manage a straightforward RAF claim on your own, the reality is that most claims are anything but simple. Disputes about who was at fault, how much compensation is fair, or whether an injury qualifies as “serious” are common and often difficult to resolve without legal support. If your case involves dependants, permanent disability, or significant financial loss, involving an attorney is not just helpful, it’s essential.

What we do to assist:

• Make sure all forms and supporting documents are properly completed and submitted;
• Arrange for independent medico-legal and actuarial assessments to support your claim;
• Handle all communication and negotiation with the RAF; and
• Take legal action to protect your rights before your claim prescribes by instituting legal proceedings.

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At our firm, we don’t just process claims, we walk with you through every step of the journey. From the first consultation to final settlement, we are here to make sure you are compensated fairly for the losses you have suffered. If you are unsure where to begin or simply need guidance, contact us today, we are ready to help you secure the compensation you deserve.

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