RAF Claim Process
There’s no need to be overwhelmed when you understand the RAF claim process.
Our interactive diagram will show you all the steps involved as well as the people or departments with whom you may be interacting along the way.
Click on each step below for more information:
The blocks below show you all the steps involved, as well as the people or departments with whom you may be interacting along the way.Click the button below each step for more information:
Making Contact
Your Road Accident Fund (RAF) claim journey starts with you contacting our offices by using the details available on our website or app.
One of our friendly and professional staff members will direct your call to the correct department or attorney who will assist with your specific query.
If you are an existing client, please have your GN reference number handy as this will help our us to swiftly process your query.
The Consultation
After receiving your call and completing a preliminary assessment, our team will contact you to schedule a consultation at your convenience—anywhere nationwide.
During this meeting, we will listen to your story, assess the merits of your case, and explain the legal process and expectations. While not every query results in a claim due to technical or risk factors, you are always free to seek a second opinion. This is your opportunity to ask questions and ensure you are comfortable partnering with Gert Nel Incorporated for your financial recovery.
Preparation & Lodgement
After consultation, our preparation department assigns your case a reference number and gathers all statutory documentation. Once requirements are met, we lodge your claim by hand at the Road Accident Fund (RAF).
The RAF then has 120 days to investigate or settle. If there is no response after four months, we serve a summons to compel an offer and transfer your matter to our litigation department.
Issuing Summons
If the Road Accident Fund fails to respond timely, we serve a summons to protect your rights and compel them to act. This places formal pressure on the Fund to either settle or appoint their own legal representation.
Because the RAF can be slow to engage, we strictly follow court rules to prevent unnecessary delays. Once the summons is served, your claim cannot prescribe and is governed by court timelines. We will keep you updated as your matter moves through the litigation process.
Litigation & Preparation for Trial
After the RAF pleads, we prepare for trial by scheduling a pre-trial meeting to resolve disputes. Once minutes are signed, we apply for a High Court trial date; please note that court backlogs can mean a wait of several years.
During this time, we arrange travel and accommodation for your medico-legal examinations to determine your claim’s value. Our attorneys and experts continuously pressure the RAF and consult with advocates to ensure we are fully prepared for court.
Court Date & Settlement
We will confirm your trial date and prepare you for the day, where our litigation attorneys will personally champion your case. Our team focuses on achieving tailored results that address your specific needs.
At this stage, the RAF usually engages in settlement discussions; we explain every offer to you before any agreement is reached. If the matter remains unresolved, we proceed to court for a trial or default judgment. Once you are comfortable with the settlement terms, fees, and payment timelines, we finalize the matter and move toward the final payout.
Payment Procedure
Once settled, your file moves to our finance department, where a cost consultant prepares the bills of cost. The RAF typically pays “Party and Party” costs as a contribution toward your legal expenses. Payments from the Fund usually arrive around 180 days after settlement.
Per our agreement, fees and disbursements are deducted from the first payment. Once the cost contribution is received, a second payment is made, ensuring you receive at least 75% of your claim’s capital value. If the RAF fails to pay, we serve a writ via the Sheriff to compel them. We will verify your banking and FICA details as soon as funds arrive and ensure any Section 17(4)(a) undertakings are recovered.
Undertaking and Finalisation of the Claim
Our finance team regularly monitors the RAF for outstanding payments and ensures all experts, advocates, and medical aids are paid before closing your file. You will receive your Section 17(4)(a) undertaking along with an explanatory letter and a detailed statement of account for every payment made.
Queries can be directed to henriette@gertnelattorneys.co.za. Once the final statement is sent, our mandate concludes, and your file is archived for seven years per Legal Practice Council requirements. We are grateful for the opportunity to have championed your cause and shared in your journey to recovery.