Injured in a Road Accident in South Africa? Can You Claim from the RAF?

1. What Is the Road Accident Fund?

The Road Accident Fund is a statutory compensation scheme established under South African law.

Its purpose is to provide compensation, within the limits of the applicable legislation, for certain losses arising from bodily injuries or death caused by motor vehicle accidents.

The RAF does not compensate every person involved in an accident automatically.

A claim must satisfy the relevant legal requirements, including those relating to negligence, causation and the type of loss claimed.

2. Who Can Claim from the RAF?

Depending on the circumstances, a claim may be available to:

• A driver injured because of another driver's negligence.
• A passenger injured in a motor vehicle accident.
• A pedestrian injured by a motor vehicle.
• A cyclist injured in a collision involving a motor vehicle.
• Certain dependants of a person who died in a qualifying accident.

You do not necessarily have to be driving a vehicle to have a claim.

However, eligibility depends on the facts of the accident and the applicable legal requirements.

3. Can I Claim If I Was Partly Responsible for the Accident?

Possibly.

Where more than one person contributed to an accident, the question of negligence and the extent of each person's responsibility may become important.

In appropriate cases, contributory negligence may affect the amount of compensation recoverable.

Being partly responsible does not necessarily mean that every possible claim is excluded.

However, if the injured person was solely responsible for the accident, a claim for their own injuries will generally not succeed.

An attorney can assess the available evidence and advise on the merits of a potential claim.

4. What Compensation Can I Claim from the RAF?

Depending on the circumstances and the applicable law, compensation may include:

Past Medical Expenses

Qualifying medical and hospital expenses incurred because of accident-related injuries.

Future Medical Expenses

Future medical treatment and related services may be addressed through an undertaking issued in terms of the applicable legislation.

Past and Future Loss of Earnings

Where injuries have affected your ability to work or earn an income, a claim may include proven past and future financial loss, subject to statutory limitations.

General Damages

General damages relate to non-financial loss, such as pain, suffering and loss of amenities of life.

General damages are not available for every injury.

Under the applicable RAF legislation, compensation for general damages generally requires an injury to qualify as serious under the prescribed assessment process.

Loss of Support

Where a person dies in a qualifying road accident, certain dependants may have a claim for loss of support.

Other qualifying claims, including prescribed funeral expenses, may also arise in fatal accidents.

5. What If My Injuries Seem Minor at First?

Not every injury is immediately understood after an accident.

Some symptoms or complications may become clearer during medical assessment and recovery.

It is important to obtain appropriate medical attention and keep accurate records of your treatment.

Medical evidence may later become important when assessing the nature, cause and consequences of your injuries.

6. What Documents Do I Need for an RAF Claim?

The documents required depend on the nature of the accident and the losses being claimed.

Useful information may include:

• Your identity document.
• The accident date and location.
• The police accident report or available case details.
• Vehicle registration details, where available.
• Names and contact details of witnesses.
• Hospital and medical records.
• Medical accounts and receipts.
• Employment and income records where loss of earnings is claimed.
• Photographs and other relevant accident evidence.

Additional prescribed RAF forms, medical assessments and supporting documents may also be required.

Do not delay seeking legal advice simply because you do not yet have every document.

7. How Long Do I Have to Submit an RAF Claim?

Claim deadlines are extremely important.

Under the Road Accident Fund Act, the ordinary prescription periods generally distinguish between identified and unidentified vehicles or drivers.

• Identified driver or owner: Generally, the claim must be lodged within three years from the date the cause of action arose, subject to applicable legal exceptions.
• Unidentified driver or owner: A shorter period generally applies, with claims ordinarily requiring lodgement within two years, subject to the prescribed requirements.

Special rules may apply to minors, persons under certain legal disabilities and other circumstances.

There are also separate rules governing the institution of legal proceedings after a claim has been lodged.

8. Can I Claim If the Other Driver Fled the Scene?

Potentially, yes.

The RAF legislation makes provision for certain claims involving unidentified vehicles or drivers.

These matters may involve additional evidentiary and procedural requirements.

Because shorter time limits may apply, early legal advice is particularly important.

9. How Long Does an RAF Claim Take?

There is no guaranteed timeline for finalising an RAF claim.

The process may involve:

• Investigating the accident.
• Obtaining medical records.
• Assessing negligence and causation.
• Evaluating the extent of the injuries.
• Obtaining expert reports where necessary.
• Preparing and lodging the claim.
• Negotiations or legal proceedings.

The duration depends on the complexity of the claim, the availability of evidence, the injuries involved and the progress of the matter.

Be cautious of anyone promising a guaranteed settlement date or compensation amount.

10. Can I Claim Directly from the RAF?

A claimant may be able to submit a claim directly, provided the prescribed requirements are satisfied.

However, RAF claims can involve technical legal, medical and financial questions.

These may include:

• Establishing liability.
• Determining the correct prescription deadline.
• Identifying the appropriate categories of compensation.
• Assessing future financial loss.
• Understanding medical evidence and expert reports.

Independent legal advice can help you understand whether a claim is viable and what steps may be required.

11. When Should I Contact an RAF Attorney?

Ideally, as soon as reasonably possible after the accident, once urgent medical needs have been addressed.

Early advice may help identify relevant evidence, applicable deadlines and the legal requirements of the claim.

At Danel Campbell Attorneys, we assist clients with personal injury matters, including claims arising from road accidents.

We can assess the circumstances, explain the available legal options and advise on the appropriate next steps.