If you were injured in a motor vehicle accident in South Africa – as a driver, passenger, pedestrian, cyclist or motorcyclist – you may be entitled to compensation from the Road Accident Fund (RAF). This guide explains, in plain language, how a claim works from start to finish.
Who can claim?
Anyone injured in a road accident caused wholly or partly by the negligent driving of another vehicle may claim. Dependants of a breadwinner killed in an accident may claim for loss of support, and close family may claim funeral expenses. You cannot claim from the RAF if you were the sole cause of the accident.
What can you claim for?
- Past and future medical expenses arising from the accident.
- Past and future loss of earnings if your injuries affect your ability to work.
- Loss of support, where a breadwinner has died.
- Funeral expenses.
- General damages (pain, suffering, disfigurement and loss of amenities of life) – but only if your injury qualifies as a “serious injury” under the prescribed assessment, confirmed by a medical practitioner on the RAF 4 form.
The steps in a claim
- Get medical attention and report the accident. A police report (or accident report number) and hospital records are the foundation of your claim.
- Gather your evidence: ID, police report, hospital and medical records, proof of income, names and details of witnesses, and photographs if available.
- Consult an attorney. RAF claims are document-heavy and the Fund frequently disputes both liability and the amount of compensation. An experienced personal injury attorney will ensure the claim is properly investigated, supported by the right medico-legal experts, and not under-settled.
- Lodge the claim. The claim is submitted to the RAF on the prescribed forms with supporting documents. The RAF then has 120 days to investigate before summons may be issued.
- Medico-legal assessments. Specialists (orthopaedic surgeons, neurosurgeons, occupational therapists, industrial psychologists, actuaries) quantify your injuries and losses. This is usually the single biggest factor in the size of the award.
- Settlement or trial. Most claims settle, but where the RAF disputes the claim, the matter proceeds to the High Court. Future medical costs are usually dealt with by way of an undertaking, which obliges the RAF to pay accident-related treatment as and when you need it.
Deadlines: do not let your claim prescribe
Strict time limits apply. In general, where the driver or owner of the other vehicle is identified, the claim must be lodged within three years of the accident. Hit-and-run (unidentified vehicle) claims must be lodged within two years. Once lodged, further time limits govern when summons must be issued. Special rules apply to minors and persons under legal disability. Because the consequences of missing a deadline are fatal to the claim, seek advice as early as possible.
What does it cost?
Most RAF claims are run on a no-win, no-fee basis under a contingency fee agreement regulated by the Contingency Fees Act. If the claim does not succeed, you do not pay a fee. Your attorney must explain the agreement to you in writing before the matter starts.
Why use AC De Sousa Attorneys?
We have specialised in Road Accident Fund work, medical negligence and High Court personal injury litigation since 2004, from our offices in Durban. Our team manages every stage of the claim – investigation, expert assessment, negotiation and trial – so that you can focus on your recovery.
Injured in an accident? Contact us today for a free assessment of your claim.
Disclaimer: This article is general information, not legal advice. Time limits and requirements depend on the facts of each matter. Consult an attorney before acting on anything stated here.
