Claiming Loss of Support from the Road Accident Fund (RAF): What You Need to Know

In South Africa, if a breadwinner dies in a road accident caused by someone else’s negligence, their dependants may be entitled to claim loss of support from the Road Accident Fund (RAF). This type of claim aims to financially compensate surviving family members—usually spouses, children, or other dependants—for the income they would have continued to receive from the deceased.

Below is a breakdown of what is required to lodge a successful loss of support claim.

1. Who Can Claim?

Loss of support claims are available to the legal and financial dependants of the deceased, such as:

• A surviving spouse or life partner
• Minor children (biological, adopted, or stepchildren)
• Elderly parents or relatives who were financially supported by the deceased

2. Key Documents Required

To successfully claim, you must submit several important documents, including:

Proof of Death

• Death certificate
• Accident report (e.g. SAPS accident report, docket)

Proof of Relationship

• Marriage certificate or affidavit (if not formally married)
• Birth certificates of children
• Maintenance agreements (if applicable)

Proof of Financial Dependency

• Payslips or proof of income of the deceased
• Bank statements
• Affidavits showing that the claimant was dependent on the deceased for financial support

Identity Documents

• ID copies of both the deceased and the claimant(s)

Accident and RAF Documents

• Completed RAF1 claim form
• Medical and police reports

3. Time Limit to Claim

You must lodge the RAF claim within 3 years from the date of the accident if the identity of the responsible driver is known. If the driver is unknown (e.g. a hit-and-run), you have 2 years to file the claim.

4. What Compensation Covers

Loss of support claims cover the present and future income that the deceased would have contributed to the household. This is calculated based on:

• The deceased’s income at the time of death
• Projected earnings had they lived
• The number and age of dependants
• Inflation and life expectancy factors

An actuary is usually appointed to prepare a loss of support calculation.

      5. Legal Assistance Is Crucial

RAF claims—especially for loss of support—are complex and often contested. It’s highly recommended to consult a personal injury attorney who understands the RAF process, medical-legal assessments, and actuarial calculations involved. Legal experts can also ensure compliance with strict procedural rules and timeframes.

Need Help With a Loss of Support Claim?

If you have lost a loved one in a road accident and relied on their income, we can help you claim the compensation you are legally entitled to.

Contact Danel Campbell Attorneys for compassionate, experienced legal assistance with your Road Accident Fund claim.

info@danelcampbell.co.za
Pretoria | Serving clients across South Africa