Who can claim
- Drivers injured by another driver's negligence
- Passengers in any vehicle, including taxis and buses
- Pedestrians and cyclists struck by a vehicle
- Dependants of someone killed in a road accident, such as a spouse or children
What you can claim for
- Past and future medical and hospital expenses
- Past and future loss of income or earning capacity
- General damages for pain and suffering, where the injury is assessed as serious
- Loss of support, if a breadwinner died
- Funeral costs
A claim must generally be lodged within three years of the accident. Where neither the driver nor the owner of the vehicle can be identified (a hit-and-run), the limit is two years. Once lodged, a summons must be issued within five years of the accident. Late claims cannot be revived.
Children: prescription does not run against a child until they reach the age of majority (18). For someone injured before they turned 18, the time periods only start on their 18th birthday.
How the claim works
- ConsultationWe take your account of the accident and confirm that you qualify to claim.
- Collecting evidenceWe obtain the accident report, hospital records, witness statements and proof of earnings.
- Medical assessmentsYou are examined by independent medical experts, who report on your injuries and whether they qualify as serious.
- Lodging the claimWe submit the RAF 1 claim form and supporting documents to the Fund and obtain proof of lodgement.
What to bring to your first meeting
- Your ID document
- The police case (CAS) number or accident report, if you have it
- Hospital and doctor's records, and any medical bills
- Payslips or other proof of income from before the accident
- Photographs of the scene, vehicles or injuries
- For a death claim: the death certificate, and marriage and birth certificates
Questions about RAF claims
Do I pay legal fees upfront?
Qualifying RAF claims can be taken on under a contingency fee agreement in terms of the Contingency Fees Act. Our fee is then paid from what the Fund pays out, within the limits the Act sets. We explain the agreement in full before you sign.
How long does a claim take?
It depends on the heads of damages being claimed, such as medical expenses, loss of income or earning capacity, general damages and loss of support. Each head of damages has to be proved and assessed separately, and some take longer than others. It also depends on the injuries and on whether the Fund settles or the matter goes to trial. Simple claims can finalise within a year or two. Claims involving serious injuries often take longer, because medical experts need to see how you recover.
The accident was partly my fault. Can I still claim?
Often, yes. If another driver was also negligent, your compensation may be reduced in proportion to your share of the blame, but not lost altogether. Passengers can generally claim regardless of which driver was at fault.
Can I claim if I was hit by an unidentified vehicle?
Yes, but the claim must be lodged within two years, and you need to report the accident to the police promptly. Contact us as soon as possible.
My child was injured in an accident. When must we claim?
Prescription does not run against a child, so a child's own claim can be lodged up to three years after their 18th birthday.