Road Accident Fund Claim
Road crashes can cause injury, death and financial loss. The Road Accident Fund provides statutory compensation for qualifying loss caused by negligent driving in South Africa; it does not cover every crash or every type of loss.
So, if you’ve been in an accident on a road in South Africa, you may need to claim from the Road Accident Fund.
What Does The Road Accident Fund Do?
The Road Accident Fund is financed by the contribution of South African drivers and vehicle owners. Every time you fill up at a petrol station, part of the per litre amount for petrol goes to the Road Accident Fund.
The RAF covers qualifying claims for bodily injury or death caused by negligent driving of motor vehicles within South Africa, including qualifying foreign-national claimants. It does not pay for damage to a vehicle or other property, and compensation can be reduced for the claimant’s own negligence.
Claims can include qualifying medical expenses, loss of income, loss of support and necessary funeral expenses. General damages for pain and suffering are restricted to injuries assessed as serious under the applicable rules.
How Does The Road Accident Fund Payout?
The process of claiming from the Road Accident Fund can be arduous and complicated, but we’ve simplified it through a step by step process detailing how to claim from the Road Accident Fund.
Step 1: Ensure You Are Within The Road Accident Fund Claim Limits
To qualify for a payout from the RAF, you need to submit a claim within a specific period; otherwise, your claim will not be accepted.
Ordinarily, a claim involving an identified negligent driver or owner must be lodged within three years; an unidentified-driver claim must be lodged within two years. Special rules can affect prescription, including identified claims by minors and certain persons under disability. Seek advice promptly rather than assuming these short summaries determine your deadline.
Step 2: Gather All The Necessary Documentation
To increase your chances of your RAF claim being successful, be sure you have all the necessary accompanying documentation. This includes the police report or case number of the accident, an affidavit detailing the accident, your personal details and the details of all of those involved in the accident. You may also need medical documents that confirm the injuries sustained due to the accident. Additionally, you can include motivating testimony from a legal or medical expert or witnesses who saw the accident take place.
Step 3: Fill In The Necessary Forms
The Road Accident Fund has several different forms you need to fill out depending on what you’re claiming for and the severity of the accident.
These are the forms you need to complete and what each of them means. Remember to print them out before completing them.
RAF 1: 3rd Party Claim Form
RAF 1 is the prescribed compensation claim form. Complete all applicable sections and obtain the required medical report and supporting evidence. A claim requires qualifying bodily injury or death caused by negligence; simply being involved in a crash or not owning the vehicle does not establish entitlement.
You can find the RAF 1 form here.
RAF 3: Accident Form Report
RAF 3 is the statutory accident report completed by the driver or owner in accordance with the Act. Reporting the accident does not by itself remove a negligent person’s liability; ask the RAF about the applicable reporting duties.
If the space within the form is not sufficient, you can attach additional documentation detailing witness testimony and information regarding the accident.
You can find the RAF 3 form here.
RAF 4: Serious Injury Assessment
RAF 4 is a Serious Injury Assessment Report, completed by an appropriately registered medical practitioner for a general-damages claim. It is not required merely because any financial loss or minor injury is being claimed.
You can find the RAF 4 form here.
Step 4: Submit Your Forms
Then, to begin your claim process, you need to submit your form to the RAF. You can drop off the forms, as well as the supporting documents, at the RAF regional office or send them via registered post to one of the RAF offices.
Also Read: How to Renew your Driver’s licence in South Africa
RAF Claim Status Check
To check on your road accident fund claim, you can call the RAF head office on (012) 621 1691, or you can call the call centre on 0860 23 55 23. If you’ve hired a lawyer to handle the process, you can also ask your lawyer to complete the status check on your behalf.
The RAF can assist direct claimants without charging a submission fee. A lawyer may also act for you under a fee agreement. Claim validity, evidence, prescription and settlement can be complex, and submitting forms does not guarantee compensation.
You can also visit the RAF at one of their regional or walk-in offices or call 0860 23 55 23 if you’re having trouble completing the process.
