If you, a loved one, or an employee is injured on South African roads, the Road Accident Fund (RAF) exists to compensate for bodily injuries or death caused by the negligent driving of a motor vehicle.
Getting a proper claim lodged and paid, however, is a technical process with strict documents, tests, timelines, and traps that can derail an otherwise valid claim. This 2025 Rateweb guide walks you step-by-step through eligibility, what you can claim, deadlines, forms, how the serious injury test works, how settlements are calculated, common pitfalls, and where to check your claim’s progress.
1) What the RAF is — and what it is not
The RAF is a state insurer that compensates injured road users (and dependants of those who die) for personal injury losses arising from negligent driving anywhere in South Africa. Any person injured in a qualifying road crash in South Africa can claim, including foreigners.
Equally important is what the RAF does not cover. It does not pay for property damage (for example, damage to vehicles, cellphones, clothing, or goods in transit). Separate insurance or civil action would be required for those losses.
2) Who can claim?
You may have a valid claim if you are:
- A driver, passenger, pedestrian, motorcyclist, or cyclist injured because of another party’s negligence.
- A dependant of someone who died in the crash (claiming loss of support and reasonable funeral expenses).
- A person with a serious injury (explained below) seeking general damages for pain, suffering, and loss of amenities of life.
Contributory negligence: If you were partly at fault, your compensation may be reduced in proportion to your share of fault under the Apportionment of Damages Act. Courts regularly apply this reduction where appropriate. (South African Government, SAFLII)
3) What can you claim?
Subject to proof and the Act’s limits, typical heads of damages include:
- Past medical expenses and future medical costs (often covered by a section 17(4)(a)(ii) undertaking for future treatment).
- Loss of income/earning capacity (subject to a statutory annual cap; see below).
- Loss of support for dependants of a deceased breadwinner.
- General damages (non-pecuniary loss) only if your injury qualifies as serious under the regulations.
- Funeral expenses (reasonable costs of cremation or burial). ( South African Government)
Statutory caps and tariffs in 2025:
- Loss of income/support cap: For claims finalised in Q3 2025 (1 July–30 September), the annual cap is R364,909 (adjusted quarterly by CPI). (raf.co.za)
- Medical tariffs: The RAF reimburses medical costs at regulated UPFS tariff rates, which were revised in 2025. (SciELO)
4) The “Serious Injury” test (RAF 4): when do general damages apply?
You can recover general damages only if a qualified medical practitioner assesses your injuries as “serious” using the regulations:
- If your injury results in 30% or more Whole Person Impairment (WPI) per the AMA Guides (6th ed.), it is deemed serious; or
- If WPI is below 30%, it may still be serious via the Narrative Test (for example, permanent serious disfigurement; long-term impairment or loss of a body function; severe long-term mental or behavioural disturbance; or the like).
The assessment is recorded on Form RAF 4 (Serious Injury Assessment Report), and disputes go to the HPCSA Appeal Tribunal.
5) Deadlines (prescription) that matter in 2025
Time limits are strict. Missing them can permanently extinguish your claim:
- Identified vehicle claims: You generally have 3 years from the accident date to lodge your claim. Once lodged, you have up to 5 years from the accident to issue summons if settlement is not reached. (dsclaw.co.za)
- Unidentified vehicle (hit-and-run) claims: You must lodge within 2 years of the accident. Courts continue to enforce this reduced period rigorously. (dsclaw.co.za, Law Library)
- 120-day waiting period: After lodging, there is a statutory 120-day moratorium during which you generally may not issue summons (with limited exceptions). (derebus.org.za)
Tip: Prescription rules are technical and fact-sensitive (for example, minors or mental incapacity). Do not assume an exception applies. Get competent advice early and lodge well before the deadline. (dsclaw.co.za)
6) The core forms and documents
The RAF prescribes specific forms and supporting records:
- RAF 1 (Claim Form): Core form for all injury/death claims. (raf.co.za)
- RAF 4 (Serious Injury Assessment Report): Required if claiming general damages; completed by a qualified medical practitioner using AMA 6th ed. and/or the Narrative Test. (raf.co.za, SciELO)
- Section 19(f) affidavit: A statutory affidavit describing the accident in full must accompany your claim (or follow within a reasonable time). Failure can be fatal to the claim. (SAFLII)
- Accident/Police report (AR), witness statements, medical and hospital records, and proof of income (payslips, IRP5s, tax returns) to substantiate loss of earnings/support. (raf.co.za)
Where a serious injury decision is disputed, Form RAF 5 is used to notify and escalate the dispute for HPCSA consideration. (raf.co.za)
7) Step-by-step: how to claim from the RAF in 2025
Step 1: Prioritise health, report, and record
- Obtain immediate medical treatment and ensure your injuries and complaints are properly captured in hospital/clinical records.
- Report the crash to SAPS and obtain the accident report number (or AR copy) as soon as reasonably possible.
- Start assembling documents: photos, dashcam footage, names and numbers of witnesses, and all medical invoices and records. (pmattorneys.co.za)
Step 2: Gather the required paperwork
- RAF 1 completed and signed.
- Section 19(f) affidavit fully setting out the accident particulars.
- Medical/hospital records; treating doctor’s notes.
- Proof of earnings (or proof of dependency for loss of support claims).
- Death certificate and funeral invoices for fatal claims. (raf.co.za)
Step 3: Determine whether you qualify for general damages
- Arrange a serious injury assessment with an appropriate specialist who will complete RAF 4.
- If WPI is below 30%, consider whether the Narrative Test applies (for example, long-term severe functional loss). (SciELO)
Step 4: Lodge your claim correctly and on time
- Serve the completed RAF 1 and supporting documents at your nearest RAF regional office (or as directed by the Fund). (raf.co.za)
- Keep formal proof of service and diarise the 120-day period before summons may be issued. (derebus.org.za)
Step 5: Monitor progress and respond to queries
- The RAF may request additional records, arrange independent examinations, or raise queries on the lodgement.
- You can track progress via the RAF Self-Service Portal or contact centre. (selfservice.raf.co.za, raf.co.za)
Step 6: Settlement, undertakings, and payment
- If liability and quantum are agreed, the RAF may make a settlement offer. Consider the impact of contributory negligence, the annual income cap, and whether a 17(4)(a) undertaking will be issued for future medicals (paid at tariff). (raf.co.za, SciELO)
- If you dispute the RAF’s serious injury decision, use RAF 5 and pursue the HPCSA Appeal Tribunal process. (raf.co.za)
Step 7: Litigation if necessary
- If settlement is not feasible, your attorney may issue summons (after the 120-day period) and litigate to trial or a court-sanctioned settlement. Observe the five-year outer prescription for issuing summons after lodgement within three years. (dsclaw.co.za, derebus.org.za)
8) Direct claim vs using an attorney
You may claim directly with the RAF. However, personal injury claims are technical (medical, vocational, actuarial, procedural). Many claimants appoint a personal-injury attorney on a Contingency Fees Act agreement (often called “no win, no fee”). By law, the total success fee is capped — it may not exceed the lesser of 25% of the capital recovered or double the attorney’s normal fees, and South African courts have enforced these caps. The “fundamentally safe approach” ensures the client receives at least 75% of the award amount after fees. (Justice, derebus.org.za, lpc.org.za)
Practical advice: Ask for the contingency agreement in writing, confirm whether VAT and disbursements are included or deducted, and insist that the final fee complies with the statutory caps.
9) How compensation is calculated
Each head of damage must be proved. Illustratively:
- Past medical expenses: What you reasonably incurred, typically repaid at UPFS tariffs. (SciELO)
- Future medicals and care: Usually secured via a section 17(4)(a)(ii) undertaking, reimbursable when costs are actually incurred at tariff. (South African Government)
- Loss of income/earning capacity: Actuaries model your pre-accident career trajectory versus post-accident restrictions, then apply the annual statutory cap across the relevant years. (raf.co.za)
- Loss of support: Dependants’ claims based on the breadwinner’s earnings and contingencies.
- General damages (if serious): Comparable case law and medico-legal evidence determine a fair amount; no statutory cap but availability depends on the serious injury gateway. (raf.co.za)
Contributory negligence reduces the total award by your percentage of fault (for example, not wearing a seatbelt can trigger an apportionment). (Law Library)
10) Common pitfalls that sink RAF claims
- Missing deadlines (especially 2 years for unidentified vehicles). Courts continue to dismiss late hit-and-run claims. (Law Library)
- No section 19(f) affidavit or an affidavit that omits crucial accident facts. Courts have dismissed claims for non-compliance. (SAFLII)
- Weak serious-injury evidence (RAF 4). Ensure the correct specialist, AMA 6th methodology, and, if below 30% WPI, a properly reasoned Narrative Test. (SciELO)
- Accepting low early offers without understanding caps, undertakings, and life-long care needs. Get actuarial and medico-legal input first. (dsclaw.co.za)
- Document gaps (missing income proof, hospital records, or witness details) that delay or depress quantum. (raf.co.za)
11) Where and how to lodge or check your claim in 2025
- Lodgement: Print and complete the forms and serve them, with supporting documents, at the nearest RAF regional office. Keep stamped proof of service. (raf.co.za)
- Tracking: Use the RAF Self-Service Portal (registration required) or contact the call centre. Some firms also guide you through status checks, but the official portal is the most direct channel. (selfservice.raf.co.za, raf.co.za)
12) Quick checklist (save this)
- Accident reported to SAPS, AR number obtained.
- RAF 1 completed and signed. (raf.co.za)
- Section 19(f) affidavit prepared with full accident particulars. (SAFLII)
- Medical/hospital records and invoices collected. (raf.co.za)
- Income proof (payslips/IRP5s/tax returns) or support proof for dependants.
- RAF 4 completed by the appropriate specialist (if claiming general damages). (raf.co.za)
- Claim lodged within time (2 years unidentified; 3 years identified). (dsclaw.co.za)
- 120 days diarised before issuing summons; 5-year outer limit noted. (derebus.org.za)
- Self-Service Portal account created to monitor progress. (selfservice.raf.co.za)
13) Frequently asked questions (2025)
Q: Can I claim if I was a passenger and the driver was partly at fault?
Yes. Passengers often succeed if the insured driver was even 1% negligent, although any negligence on your own part (for example, knowingly travelling in an overloaded vehicle) can reduce your award. (Law Library)
Q: Does the RAF pay for my car repairs, phone, or clothing?
No. The RAF covers injury and death losses only, not property damage. (raf.co.za)
Q: I have medical aid. Can I still claim medical costs?
Yes, but recoveries are paid at tariff rates, and your medical scheme may exercise rights of recovery or coordination. The RAF often issues a 17(4)(a)(ii) undertaking for future treatment. (SciELO, South African Government)
Q: How long do RAF claims take?
Timeframes vary. Complex injuries requiring multiple expert reports, disputes about seriousness, and court diaries can extend matters beyond a year. The key is to lodge early, keep documentation complete, and use the portal or your attorney for updates. (selfservice.raf.co.za)
Q: Is there any protection against very high attorney fees?
Yes. The Contingency Fees Act caps success fees as described above, and courts enforce compliance. Ask questions before you sign. (Justice)
14) Final pointers for 2025 claimants
- Start early and keep records tidy. Prescription is unforgiving, especially in hit-and-run matters. (Law Library)
- Get the medicine right. The RAF 4 serious-injury gateway is medical-legal and must be done by the right specialist, referencing AMA 6th and the Narrative Test where appropriate. (SciELO)
- Understand caps, apportionment, and tariffs. These can materially change the settlement figure (income cap; contributory negligence; UPFS tariffs). (raf.co.za, SciELO)
- Use the official portal and keep proof. Always keep stamped proof of service, diarise the 120-day period, and track your matter online. (raf.co.za, selfservice.raf.co.za)
Useful official links (for later reference)
- RAF Self-Service Portal: for registration and claim tracking. (selfservice.raf.co.za)
- Claim Forms and “How to Claim”: latest RAF forms and document checklists. (raf.co.za)
- Legislative framework and serious injury: what “serious injury” means in practice and how the HPCSA Appeal Tribunal fits in. (raf.co.za)
