Written by: Eugene van der Walt | Afrikaanse weergawe
A car accident can change your life in seconds. Beyond the physical injury there are medical bills, lost income and a mountain of uncertainty. The Road Accident Fund exists to compensate innocent victims of road accidents, but the process is technical and the deadlines are unforgiving. Here is what every road user should understand.
What Is the Road Accident Fund?
The Road Accident Fund, commonly called the RAF, is a state body funded by the fuel levy. Its purpose is to compensate people who are injured, or the dependants of those who are killed, in motor vehicle accidents on South African roads. If you were injured in an accident that was caused wholly or partly by another driver’s negligence, you may be entitled to claim.
The RAF does not cover damage to your vehicle. It compensates for bodily injury and its consequences: medical expenses, loss of income or earning capacity, and general damages for serious injury such as pain and suffering.
Who Can Claim?
A wide range of people can claim, including drivers, passengers, cyclists, pedestrians and the dependants of a breadwinner who died in an accident. The central requirement is that the accident was caused by the negligence of another road user. A driver who was entirely at fault for their own accident generally cannot claim, although passengers in that vehicle usually can.
The Deadlines That Can Destroy a Valid Claim
This is the single most important thing to understand about RAF claims. The right to claim expires, and once it has expired no injury, however severe, can revive it.
- Where the guilty driver or vehicle is known, you have three years from the date of the accident to lodge your claim with the RAF.
- Where the accident was a hit and run and the guilty vehicle cannot be identified, the period is shorter. You have only two years from the date of the accident to lodge.
- For minors, the period does not begin to run until the child turns eighteen, which means a claim can be brought well into adulthood.
- For a person who is mentally incapacitated, the running of time may be suspended until that incapacity ends.
These are strict legal deadlines, not flexible guidelines. The time starts running on the date of the accident itself. It does not wait for your treatment to finish or for a final diagnosis. Because gathering the necessary documents takes time, acting early is essential.
What You Will Need
A RAF claim must be properly prepared and supported by documentation. This typically includes the police accident report or case number, medical records and reports setting out your injuries and treatment, proof of your income and earnings before the accident, and statements from any witnesses. Incomplete or incorrectly prepared claims can be rejected, so accuracy from the outset matters a great deal.
A Recent Development Worth Noting
The claims process itself continues to evolve. A Supreme Court of Appeal judgment handed down in April 2026 directed the RAF to revert to its earlier claim form, and the Fund has confirmed that certain claims previously rejected on that basis will be re-processed and will not prescribe up to and including 30 September 2026. If your claim was rejected in recent years on a technical basis, it may be worth having it reviewed.
Our Role
If you or a family member has been injured in a road accident, we will make sure you understand your rights and assist with your claim. The most important step is not to wait, because every month that passes brings the prescription deadline closer.
Van Der Walt & Associates assists clients with a wide range of legal matters and works with a trusted network of specialists where needed. Contact us for an initial consultation.
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This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice.