Do I qualify to claim from the Road Accident Fund? This is one of the first questions many people ask after a serious road accident in South Africa.
The short answer is: you may qualify for a Road Accident Fund (RAF) claim if you were injured in a motor vehicle accident and the accident was caused, fully or partly, by another driver’s negligent driving.
Navigating the aftermath of a collision can feel completely overwhelming. Between managing physical pain and medical appointments, losing time at work, and facing mounting uncertainty, it is hard to know where to turn. Gaining a clear understanding of the basic RAF claim requirements is a vital first step, providing the confidence and clarity you need to move forward.
Who can claim from the Road Accident Fund?
You may be eligible to claim if you fall into any of the following categories:
- Road Users & Pedestrians: Drivers (provided you were not solely at fault), passengers, motorcyclists, cyclists, and pedestrians.
- Dependants: Financial dependants of a breadwinner who tragically lost their life in a crash.
- Next of Kin: Close family members who personally paid for funeral expenses following a fatal accident.
- Representatives: Parents, legal guardians, or court-appointed curators claiming on behalf of a minor or someone unable to act for themselves.
Every case rests on its own unique merits. To determine your claim’s chances of success, it is vital to carefully evaluate the specific details of the accident, the severity of the injuries, the available evidence, and the strict legal time limits.
The two main RAF claim requirements
To qualify for a Road Accident Fund claim, two important questions usually need to be answered.
1. Were you injured in a motor vehicle accident?
The RAF deals with claims involving bodily injury or death caused by the driving of a motor vehicle. It does not compensate you for damage to your vehicle or other property.
If you have vehicle damage, this must be claimed through your personal car insurance or directly from the at-fault driver in a separate civil action, not the RAF.
Proof of injury is important. This may include:
- Hospital or clinic records
- Doctor’s reports
- Medical treatment notes
- X-rays, scans, or specialist reports
- Proof of ongoing treatment or rehabilitation
- Photographs of visible injuries or scarring, where relevant
Medical records help show what injuries were sustained, how serious they are, and how they may affect your work, daily life, and future medical needs.
2. Was another driver fully or partly at fault?
RAF claims are based on fault. In simple terms, this means the accident must have been caused by the negligent or wrongful driving of a motor vehicle.
Examples may include a driver who:
- Failed to stop at a red traffic light or stop street
- Drove too fast for the conditions
- Failed to keep a proper lookout
- Drove under the influence
- Overtook unsafely
- Lost control of the vehicle
- Hit a pedestrian, cyclist, or motorcyclist through negligent driving
You do not always need to be completely blameless to have a claim. If you were partly at fault, your claim may still proceed, but your compensation may be reduced according to your share of fault.
This is known as apportionment. In plain language, it means the RAF may only be responsible for the portion of the damages linked to the other driver’s fault.
What if I was a passenger?
Passengers are often able to claim from the Road Accident Fund if they were injured in a motor vehicle accident, even if the driver of the vehicle they were travelling in caused the accident.
This can include passengers in private vehicles, taxis, buses, trucks, motorcycles, and E-hailing or lift-club vehicles.
A passenger claim still needs to be properly assessed. Evidence such as the accident report, witness statements, hospital records, and vehicle details can be important.
How long do you have to claim from the RAF?
Time limits are important in Road Accident Fund claims.
In general:
- If the driver or owner of the vehicle at fault is known, the claim must usually be lodged within three years from the date of the accident.
- If the accident was a hit-and-run and the driver or owner is unknown, the claim must usually be lodged within two years of the accident.
- Different rules may apply in specific circumstances, including claims involving minors or people under legal disability.
Because missing a deadline can affect your right to claim, it is best to get advice as early as possible.
What should you do after a road accident?
If you believe you may qualify to claim from the Road Accident Fund, take these steps where possible:
- Get medical treatment and keep all medical records.
- Report the accident to the police.
- Keep the accident report or case number.
- Take photographs of injuries, vehicles, and the accident scene if safe to do so.
- Keep details of witnesses, drivers, vehicles, and insurance information.
- Keep proof of income, payslips, medical expenses, and time off work.
- Speak to a specialised personal injury attorney before signing anything you do not understand.
The RAF claim process can be technical, especially where fault, serious injury, loss of income, or future medical treatment is disputed. You do not have to navigate it alone.
So, do I qualify to claim from the Road Accident Fund?
You may qualify to claim from the Road Accident Fund if you were injured in a motor vehicle accident in South Africa and the accident was caused, fully or partly, by another driver’s negligence.
You may also have a claim if you are a dependant of someone who died in a road accident, or if you paid certain funeral expenses after a fatal accident.
At Gert Nel Inc, we help injured road users and families understand the RAF claim process with dignity, clarity, and care. We’ll assess your matter, explain your next steps, and advise you on the prospects of success.
If you think you may have a claim, use our simple form to submit the details you have, and we will let you know.
Want to know if you qualify to claim from the RAF? Contact Gert Nel Inc and we’ll guide you through the next step.