Below are answers to a number of commonly asked questions about the South African Road Accident Fund (RAF). If you may have a claim against the RAF, contact us for expert legal advice and assistance.
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If you were injured as a result of a motor vehicle accident on South African roads and the accident wasn’t your fault, you can claim the following from the RAF:
- compensation for both emergency and other medical expenses arising from an injury sustained in the accident
- compensation for loss of income as a result of the injuries sustained (whether you’re employed or have your own business)
- general damages for pain and suffering, if you have sustained a serious injury
- loss of support in the case of the death of a breadwinner
- funeral costs in the case of death of a family member.
The different types of compensation listed above are referred to as “heads of damage.” A claim against the RAF may be for one or multiple of these categories of damages.
You aren’t eligible for RAF cover if you were the driver of the vehicle solely responsible for an accident.
However, if you were driving a vehicle owned by someone else and the accident was due to a mechanical problem, you’re entitled to lodge a claim if the owner was or should have been aware of the issue and failed to maintain the vehicle properly.
You aren’t entitled to compensation if you were the only person involved in a road accident that was due to your negligence – for example, if you hit a pole or a tree.
Loss of income and loss of support claims are capped at a prescribed amount, set by the RAF Act. This value is prescribed as R160 000 per year, adjusted quarterly for inflation since 2008.
The claim limit that applies is published in a government gazette, each time it’s adjusted.
As from 31 January 2025, the current statutory cap for annual loss of income or loss of support claims is R368 035.
The compensation awarded will depend on the facts of your claim and on factors like the skill of your legal defense.
There is no cap on the compensation that you can claim for medical expenses arising as a direct result of your injuries. This includes medical costs already incurred and those likely to be incurred in the future (as determined by medical experts). It can also include the costs of care facility accommodation and on-going care.
Claims for loss of earnings and loss of support (both present and future) are capped at a prescribed amount. This was set at R160 000 per year in 2008 but has been adjusted quarterly since then to account for inflation. This is regardless of the actual loss incurred.
Compensation for general damages can be claimed only in cases involving serious injury, and medical expenses are covered at prescribed rates.
In the case of a death, dependants or close family of the deceased can claim for funeral costs and, if the deceased was a breadwinner, for loss of support.
Multiple factors will determine the payout for any particular claim, but you can find some examples of notable Road Accident Fund Payouts here.
As a general rule, RAF claims must be submitted within three years of the date of the accident if the wrongdoer is identified. In the case of a hit-and-run accident, you must submit your claim within two years of the date of the accident.
Exceptions apply in certain cases – for example, if the person injured was a minor at the time of the accident. It’s best to consult with an attorney if there may be grounds for pursuing a claim after the usual time limit has passed.
You have only one chance to claim. If you settle for an inadequate sum, you have no further recourse (save if you were incorrectly advised).
A suitably qualified attorney will ensure that your claim takes likely future expenses arising because of your injury into account.
A specialist attorney will refer you to the appropriate medical and para-medical specialists for detailed advice about your diagnosis, treatment and prognosis, including the likely long-term impact of your injury.
Where it’s possible that your injuries will affect your ability to earn an income, either temporarily or permanently, the attorney will also refer you to experts regarding career progression and remuneration in your field, and to actuaries who can accurately calculate future losses.
It’s possible to submit a claim to the RAF independently, but we strongly advise against doing this.
An attorney familiar with RAF claims and typical settlements will have a clear idea of what’s in your best interests. The attorney will guide you through the process, from determining how much you can claim to gathering the necessary evidence and documentation to support your claim, filing the claim, tracking its progress and following up if there are unusual delays.
An attorney can also negotiate on your behalf with the Road Accident Fund and advise you on whether to accept an early settlement, if one is offered.
Contact us on 086 146 5879 or online for expert legal advice and representation if you have a RAF claim.
Do I have a claim?
At DSC Attorneys, we specialise in Road Accident Fund claims. If you’ve been the victim of a road accident, contact us for professional legal help. We also operate on a “no win, no fee” basis.
