How RAF Claims Work: A Step-by-Step Guide

If you were hurt in a car accident in South Africa and were not wholly at fault, you can claim from the Road Accident Fund (RAF). The main thing to get right is timing: the deadline is usually three years from the accident, and missing it can end the claim.

Who can claim

Drivers, passengers, pedestrians, cyclists and motorcyclists injured in an accident on a South African road can claim, as long as they were not 100% to blame. If you were partly at fault, your payout is reduced by your share of the blame. Dependants of someone killed in an accident can also claim, if the deceased was not wholly at fault.

What you can claim for

• Medical expenses caused by the accident. Future treatment is usually paid through an RAF undertaking once you incur the cost and submit the invoices.
• Loss of income if your injuries stop you from working. An annual cap applies and is adjusted from time to time, so ask what it is now.
• Loss of support for spouses, children and other dependants of a person who died.
• Funeral expenses, limited to the cost of a burial or cremation.
• General damages (pain, suffering and loss of enjoyment of life), but only if your injuries are assessed as serious.

The deadlines that matter

• Driver is known: generally 3 years from the date of the accident.
• Driver is unknown (for example, a hit-and-run): generally 2 years from the date of the accident.
• Injured person was a minor: the clock generally starts only when they turn 18, but do not wait.

These are general rules. Your own facts can change them, so speak to an attorney as early as you can.

The process, step by step

1. Get medical care and keep every record. Hospital notes, doctors’ reports, invoices and prescriptions all become evidence.
2. Report the accident to the police and keep the case number, plus witness names and numbers if you have them.
3. Choose an attorney with RAF experience. Check they are registered with the Legal Practice Council, and ask for the fee agreement in writing.
4. Lodge the claim. Your attorney completes the RAF claim form (the RAF 1) and attaches your supporting documents. You can also claim directly from the RAF yourself, though many people find the paperwork difficult.
5. Wait for the RAF to respond. The RAF has 120 days to assess the claim, and it may ask for more information or further medical assessments.
6. Summons. If no acceptable offer arrives, your attorney can issue summons, which forces the RAF to settle or defend the case.
7. Settlement or trial. Most claims settle. If not, a judge decides what you are owed.
8. Payment and final account. Payment goes into your attorney’s trust account. Your attorney deducts agreed fees and costs and gives you a written breakdown.

Documents to gather early

• Your ID and contact details
• Police report and case number
• Hospital and medical records, and all invoices
• Proof of income, such as payslips or tax records
• A statement of how the accident happened
• Names and contact details of witnesses

How attorneys are usually paid

Most RAF claimants use a contingency fee (“no win, no fee”) agreement. Under the Contingency Fees Act, the success fee is capped at the lower of 25% of what is awarded or double the attorney’s normal fee, and out-of-pocket costs such as medico-legal reports are dealt with separately. The 25% cap has recently been questioned in a parliamentary review of RAF legal costs, so ask your attorney to confirm the current position in writing before you sign.

Protect yourself

• Be careful of touting. The Legal Practice Council has said that people who approach accident victims in hospitals or at the scene, offering to “handle” their claim, are a problem. You are free to choose your own attorney.
• Never sign a blank document. Read the fee agreement and ask what happens to disbursements if the claim fails.
• Keep your own copy of every form and letter, and ask for regular updates.

Next step

Find RAF and personal injury attorneys near you on Find My Lawyer, and ask each one for their fee agreement and an honest view of how long your claim may take.

This article is general information, not legal advice. RAF rules, caps and deadlines change, so confirm the current position with a registered attorney or the RAF.