The Road Accident Fund (RAF) is one of the most important institutions in South Africa’s social safety net. Every year, thousands of people are injured or lose their lives in road accidents. For victims and their families, the RAF provides compensation to cover medical expenses, loss of income, funeral costs, and support for dependents.
However, the process of lodging and finalising a claim is often complex, lengthy, and misunderstood. This guide explains what the RAF is, who can claim, the process, compensation types, and common challenges. Whether you are a victim of an accident or want to understand your rights, this article offers a step-by-step breakdown.
What Is the Road Accident Fund?
The RAF is a state insurer created by the Road Accident Fund Act 56 of 1996. It compensates people injured, or the dependents of people killed, in road accidents involving motor vehicles in South Africa.
The fund is financed primarily through a fuel levy included in the price of petrol and diesel. This means that every road user contributes to the RAF.
The RAF’s purpose is to:
- Provide financial support to road accident victims.
- Reduce the burden of medical costs and lost earnings.
- Assist dependents of deceased victims.
- Promote road safety and accountability.
Who Can Claim from the RAF?
Not every accident victim can automatically claim. The RAF has specific criteria.
Eligible Claimants:
- Drivers, passengers, or pedestrians injured in an accident caused by someone else’s negligence.
- Dependents of deceased victims (spouse, children, parents) if the breadwinner was killed in an accident.
- South African citizens and foreign nationals can both claim, as long as the accident occurred in South Africa.
Not Eligible to Claim:
- A person solely responsible for causing the accident.
- A person driving without a valid licence (may limit claim).
- Claims for property damage (e.g., car repairs). The RAF only compensates bodily injury or death.
What Compensation Can the RAF Provide?
The RAF provides several categories of compensation, subject to assessment and limits:
- Medical Expenses – Costs of hospitalisation, surgeries, medication, rehabilitation, and future medical care.
- Loss of Income – If you cannot work after an accident, RAF may compensate for past and future loss of earnings.
- Loss of Support – If a breadwinner dies, dependents may claim for financial support lost.
- Funeral Costs – Reasonable burial expenses when someone dies in a crash.
- General Damages – For pain, suffering, loss of enjoyment of life, or permanent disability (only if the injury is classified as “serious” under RAF guidelines).
The RAF Claim Process
Filing a claim requires documentation, medical assessments, and sometimes legal help. Here’s a step-by-step outline:
Step 1: Report the Accident
- Report the accident to the police within 24 hours if you were directly involved.
- Obtain an accident report number (AR number).
Step 2: Gather Documentation
You will need:
- Police accident report.
- Medical records, hospital bills, doctor’s notes.
- Proof of income (salary slips, employer letters).
- Death certificate and proof of dependency (if claiming for loss of support).
- ID and contact details of all parties involved.
Step 3: Submit the Claim Form (RAF 1 Form)
- Complete the RAF 1 form, available at RAF offices or online.
- Submit it at the nearest RAF regional office, along with supporting documents.
Step 4: Medical Assessment
- Injuries must be assessed by a registered medical practitioner using a RAF 4 form to determine whether the injury is “serious.”
- This is crucial for claims of general damages.
Step 5: Claim Review and Settlement
- The RAF investigates, evaluates, and may make an offer.
- If accepted, settlement is paid directly to you.
- If rejected or disputed, you can take legal action through the courts.
Time Limits for RAF Claims
- 3 years: If you know the identity of the driver or vehicle responsible.
- 2 years: If the vehicle is unidentified or unlicensed.
- Minors: Time limits only start once the child turns 18.
It’s vital to act quickly; claims submitted late will likely be invalid.
Should You Use a Lawyer for RAF Claims?
While you can submit a claim on your own, many people choose to use a lawyer because RAF claims are highly technical. Lawyers can:
- Ensure all documents are filed correctly.
- Arrange medical assessments.
- Negotiate higher settlements.
- Represent you in court if the RAF disputes your claim.
Be cautious, however: some attorneys charge high contingency fees (up to 25% of your settlement). Always sign a written agreement and consider consulting the Legal Practice Council if you feel overcharged.
Common Challenges with RAF Claims
- Delays in Payment – RAF has a history of backlogs; claims can take months or years to finalise.
- Disputes Over Injury Severity – The RAF may argue an injury is not “serious” enough for general damages.
- Fraudulent Claims – High fraud levels have made RAF stricter, sometimes disadvantaging genuine claimants.
- Administrative Errors – Missing documents or incorrect forms often cause rejections.
- Cap on Compensation – Loss of income claims are capped (based on statutory limits).
Alternatives if You Cannot Afford a Lawyer
- Legal Aid South Africa: Provides legal help to low-income individuals.
- Pro Bono Attorneys: Some lawyers offer free or reduced services under pro bono rules.
- RAF Helpdesks: Located at hospitals and RAF offices, offering guidance on filing claims.
Practical Tips for RAF Claimants
- Keep Records: Save all medical invoices, travel receipts, and income documents.
- Don’t Delay: File your claim as soon as possible.
- Be Honest: False or inflated claims can lead to prosecution.
- Seek Medical Reports Early: Independent doctors can support your claim.
- Negotiate Carefully: Do not accept the RAF’s first offer without checking if it covers your losses.
Frequently Asked Questions
1. How long does an RAF claim take?
Anywhere from 6 months to several years, depending on complexity and RAF backlogs.
2. Can I claim for damage to my car?
No. RAF covers bodily injury and death only, not property damage.
3. What happens if the driver at fault has no insurance?
It doesn’t matter. The RAF covers you regardless, as long as negligence is proven.
4. How much can I claim?
This depends on medical costs, loss of income, seriousness of injury, and statutory limits. Claims can range from a few thousand rand to millions.
5. Can foreigners claim?
Yes, if the accident happened in South Africa.
Conclusion
The Road Accident Fund exists to protect South Africans from the devastating financial impact of accidents. While the process of claiming can be slow and complex, knowing your rights, gathering the right documents, and seeking professional help when needed can greatly improve your chances of success.
If you or a loved one has been involved in a road accident, don’t delay. File your claim promptly, keep detailed records, and consider legal guidance. With persistence, the RAF can provide crucial financial relief during one of life’s most difficult times.
