Road accidents injure and kill thousands of people in South Africa every year. For many victims and their families, a claim against the Road Accident Fund (RAF) is the main source of money to pay for treatment, replace lost income and support dependants. Yet many valid claims are lost or delayed because of missed deadlines and incomplete paperwork.
2026 has brought important changes. On 30 April 2026, the Supreme Court of Appeal confirmed that the RAF 1 claim form introduced in 2022 was unlawful, and the 2008 form applies again. Claimants whose claims were rejected under the stricter 2022 regime were given an opportunity to resubmit them. This judgment affects how claims are lodged today.
This guide explains who can claim, what can be claimed, the time limits, and the steps in the process.
Who can claim from the RAF?
The RAF compensates people for loss or damage caused by the negligent driving of a motor vehicle in South Africa, under the Road Accident Fund Act 56 of 1996. You may have a claim if you are:
- a passenger, pedestrian, cyclist or driver injured because of another driver’s negligence;
- a dependant of someone killed in a road accident (a claim for loss of support); or
- a person who paid the funeral costs of someone killed in a road accident.
A driver who was solely to blame for an accident cannot claim from the RAF for their own injuries. Where both drivers were partly to blame, the claim is usually reduced in proportion to the claimant’s own negligence.
What can be claimed?
- Past and future medical expenses. Future medical costs are usually covered by an undertaking in which the RAF agrees to pay those costs as they arise.
- Past and future loss of earnings or earning capacity. The Act caps the annual income that can be taken into account. The cap is adjusted periodically for inflation.
- General damages for pain, suffering, disfigurement and loss of amenities of life. These are only payable if the injury is assessed as serious in terms of the regulations, through a medical assessment by a registered practitioner on the prescribed serious injury form (the RAF 4).
- Loss of support for dependants of a deceased breadwinner.
- Funeral expenses.
Damage to vehicles and property is not covered by the RAF. That must be claimed from your insurer or the other driver.
The time limits
The deadlines in the RAF Act are strict, and a claim that is lodged late is generally lost.
- Identified vehicle: the claim must be lodged with the RAF within three years of the date of the accident.
- Unidentified vehicle (hit-and-run): the claim must be lodged within two years of the accident.
- Waiting period: after lodging, you must allow 120 days for the RAF to consider the claim before you can serve summons, unless the RAF rejects it earlier.
- Summons: if the claim is not settled, summons must generally be served within five years of the accident.
Special rules apply to minors and some other claimants, but you should never rely on an exception without advice. In a 2026 judgment, the Mpumalanga High Court confirmed that adding further heads of damage to a claim that was already lodged in time does not, on its own, require a new claim form or start a new prescription period. Courts look at the claim as a whole, not item by item.
The 2026 RAF 1 judgment
In 2022, the RAF introduced a new RAF 1 form and required extensive supporting documents before it would accept a claim as lodged. Many claims were rejected or never acknowledged, while prescription continued to run.
In Road Accident Fund and Others v Legal Practitioners’ Indemnity Insurance Fund NPC and Others [2026] ZASCA 63, the Supreme Court of Appeal dismissed the RAF’s appeal against a High Court order that had set aside the board notices introducing the 2022 regime. The court found that the RAF had no power to prescribe binding claim requirements on its own, and that the process followed to approve the new form was flawed. The result is that the RAF 1 form prescribed under the 2008 regulations applies, and the long-standing principle that substantial compliance is enough at the lodgement stage is restored.
Reports on the order indicate that claimants who were turned away under the 2022 regime could resubmit their claims by 30 September 2026, with accepted claims treated as lodged on the original date. If you believe your claim was affected, take advice promptly on where it stands. The Minister of Transport may also prescribe a revised form through a proper process, so always check which form currently applies before lodging.
Step by step: how a claim works
- Get medical treatment and keep records. Keep every hospital record, doctor’s report, invoice and receipt.
- Report the accident. Report it to the police and obtain the accident report (AR) number and, if possible, the officer’s details.
- Gather evidence. Collect photographs, witness details, the other vehicle’s registration number and the other driver’s details.
- Complete the RAF 1 form. Include a medical report on the form and the supporting documents required, such as identity documents, the accident report and proof of expenses.
- Lodge the claim with the RAF within the time limit and keep proof of lodgement.
- Serious injury assessment. If you are claiming general damages, arrange the RAF 4 assessment by a qualifying practitioner.
- Quantify the claim. Expert reports, such as from an orthopaedic surgeon, occupational therapist, industrial psychologist and actuary, are often needed to prove future losses.
- Negotiate or litigate. If the RAF does not make a fair offer, summons can be issued after 120 days, and the matter may settle or proceed to trial.
Do you need a lawyer?
You may lodge a claim directly with the RAF without an attorney. However, serious injury claims, loss of earnings and loss of support claims often require expert evidence and litigation to be properly valued. If you use an attorney on a contingency basis, the Contingency Fees Act 66 of 1997 limits the success fee, and the agreement must be in writing. Read it carefully, and ask for an explanation of every deduction from your payout.
How O’Reilly Law can help
We assist people injured in road accidents, and families who have lost a breadwinner, with claims against the Road Accident Fund. We investigate the accident, check time limits and prescription, prepare and lodge claims, coordinate medical and expert reports, and negotiate or litigate to achieve fair compensation. We also advise on claims affected by the 2022 RAF 1 regime.
Contact us to discuss a Road Accident Fund claim before time runs out.
Related reading: Medical negligence and personal injury claims in South Africa · Health and safety duties of employers and directors
This article is general information and not legal or medical advice. Correct as at October 2026.