The RAF is a government-backed fund that compensates South African road users, citizens and foreigners alike, who are injured or lose a family member in a motor vehicle accident on South African soil. It’s funded through a national fuel levy.
If you were injured in a road accident and weren’t entirely responsible for causing it, you likely have valid grounds to claim. This includes drivers, passengers, pedestrians, cyclists, and motorcyclists, as long as the vehicle that caused the accident ran on petrol or diesel.
No. The RAF looks at who caused the accident, not whether you hold a valid licence. Driving without a licence isn’t automatically considered negligence, so an unlicensed driver can still receive compensation.
Yes. Nationality doesn’t matter, what matters is that the accident occurred within South Africa’s borders.
You can claim for past and future medical expenses, loss of income or earning capacity, loss of financial support (if a breadwinner died or was severely injured), limited funeral costs, and general damages. Note that general damages require either a 30% Whole Person Impairment rating or qualification under the Narrative Test, and they’re not automatically included.
Surviving family members can claim for loss of support if the deceased was the household’s primary earner. Funeral costs can also be claimed, but only for actual burial or cremation expenses. Tombstones, flowers, food, and beverages are excluded. Only the person who paid those expenses may claim them.
No. Settlements from the Road Accident Fund are not subject to income tax.
Every claim is different. According to the RAF’s 2020 annual report, the average payout per claim was R138,010, with loss of earnings averaging R826,007, general damages averaging R482,291, and medical expenses averaging R18,568.
Generally, you have three years from the date of the accident. In hit-and-run cases where the other party’s identity is unknown, this window is reduced to two years.
You’ll need: a SAPS case number and police station name; a Section 19(f) affidavit; traffic officer details; a copy of your ID; a statutory medical report; salary slips covering at least three months prior to the accident; employer details; information on all treating doctors; witness details; photos of the scene, vehicles, and injuries; and any specified medical or funeral expense accounts. If children are involved, birth certificates are also required.
Collect the other driver’s details, ID number, and contact information. Get witness names, numbers, and addresses. Photograph the position of all vehicles, damage to each vehicle, and any visible injuries. Note the details of traffic officers and emergency personnel present.
Very. You carry the burden of proving that someone else was at least partially responsible for the accident. Witness statements should be secured as soon as possible, as people move on, change contact details, or become less willing to help over time.
The RAF Act requires a hard copy of your claim. It must be delivered by hand to the RAF or sent via registered post. If there’s no RAF office nearby, use the nearest post office and keep the registered slip as proof of lodgement.
Forms are available on the RAF’s website at www.raf.co.za
Only the biological parent or a court-appointed guardian (with the relevant court order) can submit a claim on behalf of a minor.
You can still claim from the RAF even if a Workmen’s Compensation (WCC) claim was also lodged. The two claims can run concurrently.
No. The RAF only covers personal injury and related financial losses. Damage to your vehicle, motorbike, or bicycle is not included.
Unfortunately, many South Africans never hear back from the Road Accident Fund after submitting their application. The RAF is notorious for delays, and in many cases, legal action with the right specialist lawyers is the only way to move things forward. This is exactly where we come in.
The RAF is required to pay within 180 days of the settlement date or court order.
This is worth thinking carefully about, as loans and bridging finance can be expensive. First explore support from family or your bank. If necessary, bridging finance from a reputable provider is an option, but always understand the terms before committing.
It’s strongly recommended. RAF claims involve specific legal procedures, and having a reputable attorney on your side significantly improves your chances of a fair outcome. Do your research, ask for referrals, and make sure you choose someone who specialises in RAF claims.