What Is the Road Accident Fund?
The Road Accident Fund (RAF) is a state-run compensation scheme that covers people injured, or the dependants of people killed, in motor vehicle accidents on South African roads. It is funded through a levy on fuel, which means every motorist contributes, and in turn, every road user is entitled to claim if they are injured through the negligent driving of another party.
Who Can Claim?
RAF claims are not limited to drivers. Passengers, pedestrians, cyclists, and motorcyclists injured in a collision involving a motor vehicle may all be entitled to compensation. Even if the driver at fault was uninsured or unidentified, a claim may still be possible through the RAF, though the requirements differ for hit-and-run cases.
What Can Be Claimed?
Depending on the severity of the injury, a claim may cover past and future medical expenses, loss of income and loss of earning capacity, and general damages for pain, suffering, and permanent disability. Serious, life-altering injuries typically attract higher compensation, but the RAF applies a narrative test to general damages claims, meaning a medical assessment is required to establish whether the injury qualifies as serious.
The General Process
A claim generally begins with the police accident report and medical records, followed by a formal claim submission to the RAF using the prescribed forms. Medico-legal assessments are arranged to quantify the injury and its long-term impact, and the claim then proceeds through assessment, negotiation, and, if necessary, litigation. This process can take time, particularly for serious injury claims, which is why experienced representation matters.
Common Reasons Claims Are Delayed or Rejected
Incomplete documentation, late reporting to SAPS, and missed submission deadlines are among the most common reasons claims stall. The RAF also frequently disputes the extent of injuries or the degree of fault, which is where properly prepared medical and expert evidence becomes critical.
Why Work With an Attorney
The RAF claims process is administrative and procedural, with strict prescription periods and detailed evidentiary requirements. Lowe & Petersen Attorneys has spent over 33 years preparing RAF claims for Cape Town clients, working on a no win, no fee basis so that cost is never a barrier to pursuing a legitimate claim.