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Discovery Health vs RAF: Supreme Court of Appeal Rejects RAF’s Refusal to Pay Medical Expenses

Nokuthula Ngcobo — Tue, 20 Oct 2026 12:06:26 +0000

Discovery Health vs RAF: Supreme Court of Appeal Rejects RAF’s Refusal to Pay Medical Expenses

Nokuthula Ngcobo

The Supreme Court of Appeal (SCA) has ordered the Road Accident Fund (RAF) to stop denying compensation for past medical expenses on the grounds that those costs have already been covered by a claimant’s medical aid scheme.

The ruling, delivered on 16 October 2026, follows an appeal by Discovery Health after the RAF continued to reject claims for past medical expenses despite an earlier court order declaring its original directive unlawful.

The SCA found that the RAF and its former chief executive officer, Collins Letsoalo, had breached the earlier court order and their constitutional duty to comply with it. The appeal was upheld with costs. Read the judgment here.

Why did Discovery take the RAF to court?

The dispute began in August 2022, when the RAF issued a directive instructing claims officers to reject claims for past medical expenses where a medical aid scheme had already paid for the treatment.

The RAF’s position was that claimants had not personally incurred the expenses and therefore had no loss to recover from the Fund.

Discovery challenged the directive, arguing that medical aid payments should not reduce the compensation owed to accident victims. In October 2022, the High Court in Pretoria declared the directive unlawful and prohibited the RAF from implementing it.

The RAF’s subsequent applications for leave to appeal were unsuccessful. However, it issued further directives in April and November 2023 that continued to restrict payments for medical expenses already covered by medical aid schemes.

Discovery then approached the High Court again, arguing that the RAF was circumventing the earlier order.

In December 2024, a full bench of the High Court dismissed Discovery’s application. The company subsequently appealed to the SCA.

What did the Supreme Court of Appeal decide?

The SCA found that the RAF’s later directives contradicted the earlier court order and could not lawfully be used to avoid complying with it.

The court reaffirmed that the Road Accident Fund Act does not exclude past medical expenses simply because a claimant’s medical aid scheme has paid them. It also rejected the argument that reimbursement arrangements between medical aid schemes and their members amount to an agreement to share RAF compensation, which could exclude liability under the Act.

The court ordered the RAF and Letsoalo to stop implementing the disputed directives immediately. It also prohibited them from refusing to compensate claimants for medical expenses on the basis that these expenses had been or would be paid by medical aid schemes.

The RAF was given 14 days to take the necessary steps to comply with the judgment and report its compliance to the court.

What does the ruling mean for RAF claimants?

The judgment confirms that having medical aid cover does not, in itself, remove a claimant’s right to claim proven past medical expenses from the RAF.

Medical aid schemes commonly require members to reimburse them when they recover expenses from the RAF. The ruling therefore has implications for both accident victims and schemes seeking reimbursement for treatment they have funded.

However, claimants must still establish their entitlement to compensation and prove the expenses forming part of their claims. The judgment does not mean every medical expense will automatically be paid.

For people pursuing compensation after a motor vehicle accident, the ruling highlights the importance of understanding which expenses can be included in a RAF claim.

For RoadCover members, this strengthens the legal framework within which their qualifying medical expenses can be pursued, helping ensure that legitimate claims are not unfairly reduced or rejected solely because a medical aid scheme has paid.

RoadCover manages qualifying RAF claims from start to finish, including the legal and administrative requirements involved and ensures claimants receive 100% of their settlement.

Disclaimer: The information provided in this article was correct at the time of publication and is intended for general guidance only. It is subject to change without notice as laws, regulations and membership terms evolve. RoadCover and the Road Accident Fund operate within dynamic legal frameworks and readers should verify current requirements before making decisions or entering into agreements.

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Claiming for a deceased family member: Can you claim from the RAF if your loved one died in a motor vehicle accident?

Nokuthula Ngcobo — Wed, 14 Oct 2026 11:46:01 +0000

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Claiming for a deceased family member: Can you claim from the RAF if your loved one died in a motor vehicle accident?

Nokuthula Ngcobo

Losing a loved one in a motor vehicle accident can leave families facing both grief and financial uncertainty. If the deceased supported your household, the loss of that income can affect everyday expenses, housing and your children’s education.

If you were financially dependent on someone who died in a motor vehicle accident, you may qualify to claim compensation from the Road Accident Fund (RAF) for loss of support. You may also be able to claim qualifying funeral expenses. However, one is only entitled to compensation if another party was legally responsible for the accident. If your loved one was solely at fault, the RAF does not cover dependants’ claims. Where fault is shared, compensation may be reduced in proportion to the deceased’s responsibility.

RoadCover has handled RAF claims for 21 years, navigating the legal and administrative requirements of pursuing compensation. For families claiming after the death of a loved one, understanding the process is particularly important because a death claim involves proving financial dependency, establishing the relationship to the deceased, and gathering records of lost income. RoadCover manages qualifying claims from start to finish, and members whose claims are successfully settled receive 100% of the settlement, with no expenses or fees deducted.

Can you claim from the RAF if your loved one died in a motor vehicle accident?

Yes. You may qualify for compensation if your loved one died as a result of a motor vehicle accident and you were financially dependent on them.

A loss of support claim covers the financial contribution the deceased would have continued making had they survived. Depending on your circumstances, this may include past and future loss of support, provided the negligent driving of another person caused the motor vehicle accident.

To establish your claim, you will need evidence of your relationship with the deceased, the financial support you received, and the deceased’s income. A marriage certificate, birth certificate, or other relevant documentation may be required. Children and other eligible dependants who relied on the deceased financially may also have grounds for a claim.

Loss of support for children

If your child depended financially on a parent who died in a motor vehicle accident, you may lodge a loss of support claim on the child’s behalf.

If the child is a minor, a parent, legal guardian, or other authorised representative will generally need to act on their behalf. Documentation establishing the child’s relationship to the deceased — such as an unabridged birth certificate — will be required. If you are acting as a legal guardian, the RAF may request a court order or other proof of authority.

You will also need evidence of the deceased’s earnings and financial contributions to the household. The child’s circumstances and the support they would have received are relevant when assessing the claim. The amount payable depends on the evidence provided and the financial loss established.

Documents required for a death claim

The RAF’s official claim documentation sets out the supporting records required. These may include:

Certified copy of the deceased’s identity document

Your identity document and those of other claimants

Death certificate

Proof of relationship to the deceased (marriage certificate, customary marriage certificate, or unabridged birth certificate)

Official accident report, police docket, and sketch plan

Post‑mortem report or inquest record confirming the death resulted from the collision

Proof of the deceased’s income (employer’s certificate, payslips, tax records)

Affidavit explaining the legal basis of your financial dependency, if required

Court orders or letters of appointment if a curator or guardian is acting for a claimant

Tax invoice and proof of payment if claiming funeral expenses

You must also complete the RAF1 claim form and submit it with the required documents. Missing records can delay the process. Gathering these documents can be demanding, particularly when several dependants are involved. RoadCover manages its members’ administrative and legal requirements, ensuring claims are properly prepared.

Funeral expenses

If your loved one died in a motor vehicle accident, you may claim qualifying funeral expenses from the RAF. The Fund covers necessary burial or cremation costs. Claims must be supported by a tax invoice and proof of payment, along with any other documentation required.

However, the RAF does not cover:

Catering or food at the funeral

Flowers or décor

Tombstones or memorials

Transport for mourners

Any ceremonial extras beyond the burial or cremation itself

Funeral expenses and loss of support are separate components of a death claim. If you paid for the funeral, you may qualify to claim eligible expenses. If you depended financially on the deceased, you may also have grounds for a loss of support claim.

How RoadCover supports families

When a family loses its main breadwinner, compensation can be critical to maintaining financial stability. Knowing what you can claim, which documents you need, and how the process works helps you make informed decisions.

RoadCover manages qualifying RAF claims from start to settlement and has 21 years of experience in the RAF claims space. It is not an insurer and does not decide whether the RAF accepts a claim or how much compensation the Fund awards.

For members whose claims are successfully settled, 100% of the settlement is paid directly to them, with no fees deducted. For families dealing with the financial consequences of losing a loved one, understanding their rights and meeting the RAF’s requirements are important steps towards pursuing compensation. RoadCover ensures claims are managed through the process, with successful settlements paid in full.

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What You Can Claim From RAF: A Guide to Road Accident Fund Compensation

Nokuthula Ngcobo — Mon, 12 Oct 2026 13:46:51 +0000

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What You Can Claim From RAF: A Guide to Road Accident Fund Compensation

Nokuthula Ngcobo

A road accident can leave you dealing with medical bills, time away from work and injuries that affect your ability to earn an income. For people injured in qualifying road accidents, the Road Accident Fund (RAF) provides compensation for certain losses resulting from the accident.

Unlike insurance, the RAF is not there to cover damage to your vehicle or personal property. Its compensation relates to bodily injury or death resulting from the negligent driving of a motor vehicle. The RAF system also limits a person’s right to sue the wrongdoer directly for compensation covered by the Road Accident Fund Act 56 of 1996.

Knowing what you can claim from the RAF is important because compensation is not limited to immediate medical expenses. Depending on the circumstances of the accident and the severity of the injury, a claim can include medical costs, loss of income and, in serious injury cases, general damages for pain and suffering. Dependants of people killed in road accidents may also have claims for loss of support and funeral expenses, according to the RAF’s claims information.

This is where RoadCover comes in. Navigating a RAF claim can be complicated, particularly when you are dealing with injuries, medical assessments, documentation and questions around liability. RoadCover navigates the RAF claims process, allowing you to focus on your recovery while your claim is handled from start to finish.

Being injured in a road accident does not automatically mean you can claim from the RAF. The circumstances of the accident and who was at fault also matter.

Is RAF a no-fault claim system?

No. The RAF is not a pure no-fault compensation system, meaning it does not automatically pay out claims regardless of who caused the accident. Instead, fault and liability are considered in determining compensation.”

The RAF Act provides for compensation where bodily injury or death results from the driving of a motor vehicle and is due to the negligence or another wrongful act of the driver or owner, subject to the requirements of the Act.

The circumstances of the accident and the degree of fault therefore remain relevant to a claim.

The RAF investigates the merits of a claim, including the degree of fault, blame or negligence attributable to the drivers and the claimant.

What are you entitled to claim from the Road Accident Fund?

What you can claim from the RAF depends on the circumstances of the accident, the injuries suffered and the losses that can be established.

The main categories of compensation are:

Medical and hospital expenses

You can claim for medical expenses resulting from injuries sustained in the accident. This can include past medical costs as well as qualifying future medical treatment and related expenses.

The RAF provides for past and future hospital and medical expenses. Future treatment may be covered through an undertaking from the Fund, rather than being paid as one lump sum.

Loss of earnings

If your injuries prevent you from working, reduce your earning capacity or affect your ability to earn income in the future, you may claim for past and future loss of earnings.

This claim is subject to a statutory limit that is adjusted quarterly for inflation. The applicable limit depends on the date of the accident. The annual limit currently stands at R390 664, subject to quarterly inflation adjustments. It is an annual statutory limit used when calculating loss of earnings and loss of support and can be coupled with other payouts.

General damages

General damages cover non-financial losses such as pain, suffering, disfigurement and loss of ability to conduct daily activities.

However, these damages are limited to cases involving a serious injury, which must be assessed according to the prescribed process.

Loss of support

If a breadwinner dies in a qualifying road accident, dependants may be able to claim compensation for the loss of financial support they would have received. The RAF recognises both past and future loss of support.

Funeral expenses

A dependent of someone who dies in a qualifying road accident may claim necessary funeral expenses. The funeral costs must be incurred or paid first, after which an itemised invoice or proof of payment can be submitted to claim reimbursement and supporting documentation is required.

Does the RAF cover pain and suffering?

Yes, but not every injury qualifies for compensation for pain and suffering.

Pain and suffering fall under general damages. Under the RAF Act, however, these damages are limited to claimants who have suffered a serious injury.

A serious injury must be assessed using the prescribed procedure. The RAF requires a Serious Injury Assessment Report for claims for general damages arising from accidents after 1 August 2008.

The Serious Injury Assessment Report process can be timely, expensive and confusing, particularly for someone who is already dealing with the consequences of a serious road accident. Understanding what is required and making sure the assessment is completed correctly can affect whether a claim for general damages can proceed.

This is another area where RoadCover’s legal team can help members. Instead of trying to navigate the process alone, RoadCover manages its members’ RAF claims and the processes involved in establishing the claims.

A person may therefore still have a claim for medical expenses or loss of income even if their injury does not qualify for general damages.

Can you claim for future medical costs from RAF?

Yes. Future medical costs can form part of a claim where an accident results in a need for ongoing treatment or care.

These costs may include future medical treatment, hospitalisation, rehabilitation, therapy, assistive devices or other accident-related medical needs. The RAF Act provides for future medical expenses through an undertaking by the Fund. This is a formal commitment by the RAF to cover medical expenses that may arise from the accident, provided the required documentation is submitted.

This can be particularly important where an injury has long-term consequences. The RAF advises claimants to retain hospital and medical records, accounts and details of the medical practitioners involved in their treatment.

What is the maximum RAF payout in South Africa?

There is no single maximum RAF payout that applies to every claim.

The value depends on the categories of loss that apply, including medical expenses, loss of income, general damages and, where applicable, loss of support and funeral expenses.

The sad and unjust reality is that many RAF settlements never reach the intended claimant 100%, as many third parties deduct fees and expenses, sometimes resulting in up to 40% of the final settlement; e.g. if the settlement is R1 million, the claimant may end up getting only R600 000. This is not the case with RoadCover because its members get 100% of their settlement.

What you need to support a claim from RAF

Evidence is central to a successful RAF claim.

The Fund’s claims documentation lists documents that may be required, including identification documents, accident reports, witness information, proof of earnings, medical documentation and hospital records. A Serious Injury Assessment Report is required when you claim general damages for a qualifying serious injury.

RAF claims can involve complex questions around liability, medical evidence, future losses and the calculation of damages. Understanding what you can claim from the RAF and having the necessary evidence can help ensure that all relevant losses are properly considered.

The RAF claims process can be costly, time-consuming and confusing. This is where RoadCover steps in, handling the process on behalf of its members so they can focus on their recovery.

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RoadCover Turns 21: A Crash, A Claim, A Community

Nokuthula Ngcobo — Mon, 12 Oct 2026 06:52:40 +0000

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RoadCover Turns 21: A Crash, A Claim, A Community

Nokuthula Ngcobo

The lights dimmed, tyres screeched and silence fell before sirens pierced the room.

For members of the media gathered at The RoadCover HQ on 6 October 2026, this was not simply a theatrical performance; it was an attempt to show what happens after a motor vehicle accident, when the immediate shock gives way to medical treatment, financial uncertainty and the process of claiming from the Road Accident Fund (RAF).

RoadCover marked its 21st anniversary with Inside the Claim, a courtroom-style production that dramatised the RAF claims process through the stories of two accident victims.

The play followed two lives changed in an instant: Thandeka Nkosi, a promising netball player who was left paralysed after a taxi accident, and Johan Kruger, a father of three and handyman, who was injured in a collision and unable to generate a full income. Their stories highlighted the impact an accident can have on a person’s ability to work, support their family and rebuild their life, while also examining how fees and third-party expenses can affect the amount a claimant ultimately receives.

RoadCover’s model is built around ensuring that qualifying members receive 100% of their successful RAF settlement, with no fees deducted.

From the stage, the focus shifted to the podium as RoadCover CEO Amanda Rogaly told journalists that the figures associated with RAF claims only tell part of the story.

“For many people, a motor vehicle accident is only the beginning of the trauma. Then come the questions: How will I earn a living? What happens to my family? Where do I start with a claim? With this event, we wanted the media to see the person behind the paperwork,” she said.

21 years of RoadCover

Founded after Executive Chairman Eugene Beck’s own cycling accident, RoadCover has since secured more than R840 million in RAF settlements in the past seven years, helping over 6 000 South Africans. Crucially, the socially responsible model has kept R336 million in the hands of claimants and their families — money that would otherwise have been lost to fees and expenses.

For RoadCover, the figures are intended to demonstrate the financial difference between the amount awarded in a successful RAF claim and the amount a claimant ultimately keeps.

The event also highlighted RoadCover’s work beyond RAF claims through the RoadCover Foundation, which supports accident victims who may fall outside traditional RAF funding structures or require additional assistance. Its support can include rehabilitation, mobility aids, education, transport and longer-term care.

“Getting a settlement is not necessarily the end of someone’s journey. For many people, that is where the real work begins,” Rogaly said.

She said the Foundation reflects the broader impact that a serious motor vehicle accident can have on an individual and their family long after a claim has been settled.

Questions from the Media

The Q&A session gave journalists an opportunity to question RoadCover’s leadership and legal team about RAF claims, the organisation’s business model and what happens to settlement money.

Dr Sandra Da Mata, a 919 FM radio personality and clinical psychologist, asked how RoadCover could get its message to a wider audience, particularly ahead of the festive season when more people travel.

Beck said joining RoadCover was straightforward and cost R49 per month for a family of five, with no waiting period. The organisation is encouraging the media to help raise awareness among South Africans.

Collin Khanye from Arena Holdings, which publishes Business Day and Financial Mail, questioned whether RoadCover could face reputational risks by being associated with the RAF, given the extensive reporting about the Fund’s financial challenges.

In response, Beck disputed the characterisation of the RAF as bankrupt, pointing to the fuel levy that funds the organisation and arguing that public discussion about the Fund’s financial position reflects its contingent liability rather than its actual liability.

Farzaana Mayet, head of legal at RoadCover, also stressed the fact that there is utmost transparency on every single matter, adding that a membership-based organisation has a proven record of ensuring that the money paid goes to the claimant and that there are no fees and expenses deducted.

Sam Marshall from Social TV asked about the role of the RoadCover Foundation and how it fits into the wider challenges surrounding road safety and RAF claims.

Beck said the Foundation was created to address the needs of RoadCover’s paying members who may not have met the criteria for a RAF claim but still need help.

Questions also covered whether smaller claims are worth pursuing. Beck highlighted that RoadCover manages claims of all values, including claims below R1 000. “If a member needs our help, we will step in and help,” he explained.

The event was followed by a continuous stream of interviews from the media which highlighted the newsworthiness of educating South Africans.

Looking Ahead

RoadCover’s 21st anniversary was not only about celebrating its longevity as a positive contributing South African business, but it was also about spreading awareness to help South Africans understand their legal rights. The purpose of the event was to encourage media to take what they had learnt beyond the event, ask questions, tell stories, educate audiences and help change what fundamentally happens next.

After 21 years, RoadCover is set to continue investing in road-safety education, accident-prevention initiatives and support for people dealing with the consequences of motor vehicle accidents.

Knowing your rights after an accident shouldn’t be a privilege, every South African deserves to know them.

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Documents for a RAF Claim: What You Need to Know

Nokuthula Ngcobo — Mon, 05 Oct 2026 09:01:40 +0000

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Documents for a RAF Claim: What You Need to Know

Nokuthula Ngcobo

A motor vehicle accident can leave you dealing with injuries, medical bills and lost income while also trying to understand the RAF claims process. Having the right documents for a RAF claim can make it easier to establish what happened, the injuries suffered and the losses being claimed.

“A RAF claim can involve a significant amount of documentation, particularly when medical records, financial information and accident reports all need to be brought together. At RoadCover, we manage the legal and administrative requirements of qualifying claims, from start to finish, so that our members have a structured process to follow from the outset. When a claim is successfully settled, members receive 100% of the RAF settlement, with no fees or expenses deducted,” says RoadCover’s Chief Executive Officer, Amanda Rogaly.

What Documents Do You Need to Claim From the Road Accident Fund?

The documents required depend on the type of claim and the compensation being sought. The RAF’s current RAF 1 form sets out a range of supporting documents that may be required.

These include:

a certified copy of the claimant’s identity document or passport

the injured person’s identification (if different from the claimant’s)

the official accident report

the police docket and sketch plan

medical records

the statutory medical report

a power of attorney where a legal representative is acting for the claimant

Additional documents may be needed depending on the losses being claimed.

For a loss-of-earnings claim, these can include:

payslips

tax records

bank statements

an employer’s certificate

academic records

medical reports supporting the claimed disability and loss of earnings

For past medical expenses, you will need:

itemised invoices

proof of payment

Where a claim follows a death, documents can include:

the death certificate

proof of the deceased’s identity

documents establishing the relationship between the deceased and dependants

proof of income

funeral expense invoices

proof of payment

The RAF has said that outstanding supporting documents can delay claim finalisation, so it’s important to provide the relevant information as early as possible.

How Long Do You Have to Submit a RAF Claim?

The deadline depends on whether the vehicle and its driver or owner have been identified.

Where the identity of the driver or owner has been established, a claim needs to be lodged within three years of the date of the accident. For a claim involving an unidentified vehicle, the period is two years.

Once a valid claim has been lodged within the applicable period, the claim generally cannot prescribe before five years from the date of the accident. There are also specific rules affecting prescription for minors and certain people under legal disability, so the circumstances of an individual claim matter.

This is one reason it is important not to leave a RAF claim until the deadline is approaching.

What is the RAF1 Form?

The RAF 1 is the prescribed form used to lodge a claim for compensation under section 17 of the Road Accident Fund Act. It records information about the claimant, the accident, the vehicles and people involved, injuries and the benefits being claimed.

The form must be completed in full and accompanied by the supporting documents indicated on the form. The RAF states that an incomplete form may not be accepted as a claim and may not interrupt prescription.

The RAF 1 is therefore more than an administrative form. It is the document used to formally lodge the claim, which makes completing it correctly and supplying the required supporting information important.

Do You Need a Police Report to Claim from RAF?

Yes. The RAF’s RAF 1 form requires the official accident report to be attached and asks for details including the police station where the accident was reported, the accident report number and case number. The form also calls for the docket and sketch plan in its supporting-document requirements.

The South African Police Service says motor vehicle accidents involving injury or death must be reported to the police or another competent authority, subject to the circumstances set out in the National Road Traffic Act.

A police or accident report is therefore an important part of the documentation used to support a RAF claim. It provides information about the accident that the RAF can use when investigating the claim.

Getting the paperwork together is only one part of the RAF claims process. The information must also be assessed, supported and submitted correctly, while deadlines need to be observed.

RoadCover understands that this is a draining, confusing and complex process; that is why it steps in to manage its members’ RAF claims from start to finish and ensures that 100% of their RAF settlement is paid to them — no fees or expenses deducted.

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RAF Serious Injury Classification

Nokuthula Ngcobo — Mon, 05 Oct 2026 08:30:50 +0000

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RAF Serious Injury Classification

Nokuthula Ngcobo

A serious injury after a motor vehicle accident can have lasting physical, psychological and financial consequences. However, not every injury qualifies as a serious injury for purposes of claiming general damages from the Road Accident Fund (RAF).

The distinction matters because general damages, which can include compensation for pain and suffering, disfigurement and loss of amenities of life, are limited to serious injuries under the Road Accident Fund Act.

What should you do immediately after a motor vehicle accident?

Your immediate priorities after a motor vehicle accident should be to get to safety, report the accident, and seek medical attention. Make sure your injuries are properly recorded and keep your medical and hospital records, accident reports, witness details and photographs of the scene and injuries.

The RAF recommends obtaining this information after an accident, including medical and clinical records and photographs of injuries. Where general damages are claimed, a Serious Injury Assessment Report is also required.

For RoadCover members, the company manages the qualifying RAF claim through the legal and administrative stages from start to finish. This allows the member to focus on their recovery while RoadCover handles the claim. If the claim is successfully settled, the member receives 100% of the RAF settlement, with no fees or expenses deducted.

How does RAF decide if an injury is serious?

The RAF uses the assessment method prescribed in the regulations to determine whether an injury is serious. An injury must first be considered against the prescribed list of non-serious injuries. If it is not on that list, the assessment can proceed using the American Medical Association’s Guides (AMA Guides) to the Evaluation of Permanent Impairment, as incorporated into the RAF Regulations.

An injury that results in 30% or more Whole Person Impairment under the AMA Guides meets the serious injury threshold. An injury below that level can still qualify under the narrative test.

What percentage disability qualifies for RAF general damages?

The threshold is 30% Whole Person Impairment, rather than simply a 30% disability rating.

This distinction is important because the regulations specifically refer to Whole Person Impairment as assessed under the AMA Guides. An impairment below 30% does not automatically end the assessment because the injury may still meet the narrative test.

What is the RAF narrative test?

The narrative test provides another way for an injury to be classified as serious where it does not result in 30% Whole Person Impairment.

The injury must have resulted in one of the following:

serious long-term impairment or loss of a body function;

permanent serious disfigurement;

severe long-term mental or severe long-term behavioural disturbance or disorder; or

loss of a foetus.

The assessment therefore considers the lasting consequences of the injury, rather than relying only on a percentage.

Who assesses serious injury for RAF claims?

A medical practitioner registered under the Health Professions Act must complete the RAF 4 Serious Injury Assessment Report. The assessment must be conducted according to the method prescribed in the RAF regulations and the AMA Guides.

The RAF 4 requires details of the patient’s injury, examination and clinical findings. Where an AMA impairment rating is used, the medical practitioner must provide a clear report explaining how that rating was calculated.

A serious injury assessment is therefore based on medical evidence and the prescribed assessment criteria, not simply on how severe an injury feels to the person who suffered it.

What happens if an injury is not classified as serious?

If an injury does not meet the serious injury requirements, this does not necessarily mean that no RAF claim can be made. The serious injury classification relates specifically to general damages. A qualifying claim may still include other losses covered by the RAF, such as medical expenses or loss of earnings.

Understanding the classification process can help you understand why medical records and a properly completed RAF 4 are important after a motor vehicle accident. RoadCover members have their qualifying RAF claims managed through the process, including the legal and administrative work required to progress the claim. Successful members receive 100% of their RAF settlement, with no fees or expenses deducted.

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What to Do After a Motor Vehicle Accident

Nokuthula Ngcobo — Mon, 05 Oct 2026 08:09:03 +0000

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What to Do After a Motor Vehicle Accident

Nokuthula Ngcobo

Knowing what to do after a motor vehicle accident is important, particularly if you are injured and may later need to claim from the Road Accident Fund (RAF).

RoadCover’s Chief Executive Officer, Amanda Rogaly, says: “People often focus on reporting the accident and getting medical treatment, but the records created from the outset can become important evidence in a RAF claim. Getting those early steps right can make the claims process easier, which is where RoadCover takes over from its members by managing the legal and administrative requirements of a claim and taking on the complexity of the process, so they can focus on their recovery. When a claim is successfully settled, the member receives 100% of the settlement, with no fees or expenses deducted.”

What should you do immediately after a motor vehicle accident?

Stop at the scene and, if it is safe to do so, move away from the accident to a safe location to prevent further injury. Check whether anyone has been injured and contact emergency services where necessary.

The National Road Traffic Act requires a driver involved in an accident where someone is killed or injured, or where property or an animal is damaged, to stop, establish the extent of injuries and provide assistance to injured people. The driver must also exchange required details with other people involved.

If you can do so safely, record the location, time and circumstances of the accident while they are still fresh. It is also important to collect the names and contact details of the drivers, passengers and witnesses involved, as well as vehicle registration numbers. Record the details of police, traffic or emergency personnel who attend.

Do you need to report a motor vehicle accident to the police?

Yes. If the accident has not already been reported at the scene, it must be reported to a police officer or traffic authority as soon as reasonably practicable. Where someone has been killed or injured, the National Road Traffic Act requires the accident to be reported within 24 hours. In other cases, it must be reported on the first working day after the accident.

The South African Police Service (SAPS) states that the accident must be reported in person. Keep the official reference number you receive as proof that it was reported.

What should you photograph after a road accident?

If it is safe to do so, photograph the scene before it changes. Take photographs of the vehicles, visible damage, road conditions, traffic signs and the position of the vehicles. If you have visible injuries, photograph these too.

What documents should you keep?

Keep your police accident report or reference number, witness information and statements, medical records, hospital and medical accounts and other documents relating to the accident and your injuries. Where relevant, keep documents relating to your income and time away from work.

Can you claim from the RAF after a motor vehicle accident?

You may be able to claim from the RAF if you suffered bodily injury as a result of the negligent driving of a motor vehicle. A claim may also arise for loss of support following a death in a qualifying road accident. The RAF does not compensate for damage to your vehicle or other property.

Time limits do apply. The RAF states that where the negligent driver is identified, the claim must generally be lodged within three years from the date on which it arose. Claims involving an unidentified driver, such as a hit-and-run, have a two-year period.

What should you do if you are injured in a motor vehicle accident?

Seek medical attention as soon as possible, even if your injuries initially appear minor. Make sure your injuries and treatment are properly recorded and keep the relevant medical documentation.

For RoadCover members, these requirements are managed as part of the claims process from start to finish. As Rogaly mentioned, RoadCover manages qualifying RAF claims on behalf of its members and claimants receive 100% of their RAF settlement, with no fees or expenses deducted.

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ConCourt Ruling Confirms Undocumented Foreign Nationals Can Claim From the RAF

Nokuthula Ngcobo — Wed, 16 Sep 2026 10:43:06 +0000

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ConCourt Ruling Confirms Undocumented Foreign Nationals Can Claim From the RAF

Nokuthula Ngcobo

The Constitutional Court has refused the Road Accident Fund (RAF) leave to appeal a ruling that allows foreign nationals who were in South Africa unlawfully at the time of a motor vehicle accident to claim compensation under the RAF Act.

The order, issued on 15 September 2026 in RAF v Adam Mudawo and Others, provides that the RAF’s application must be dismissed with costs because it has no reasonable prospects of success. The Constitutional Court also granted the respondents permission to file their answering affidavits late.

The order means that the Supreme Court of Appeal’s April 2026 judgement remains in place. The court found that section 17(1) of the RAF Act, which says the Fund must compensate “any person” for qualifying loss or damage caused by negligent driving, does not exclude people based on their immigration status.

In simple terms, being in South Africa without the required immigration status does not, on its own, prevent a person from lodging a qualifying RAF claim after being injured in a road accident.

The dispute began in 2022, when the RAF introduced a management directive requiring foreign claimants to provide proof that they were legally in South Africa when the accident happened. The Minister of Transport also changed the RAF 1 claim form to require foreign claimants to provide documentary proof of their legal status.

The Supreme Court of Appeal (SCA) found that neither the RAF nor the Minister had the power to add this exclusion because the RAF Act itself does not make immigration status a requirement for a claimant. It held that the words “any person” must be given their ordinary, broad meaning. The court also rejected the RAF’s argument that the Immigration Act allowed it to exclude undocumented foreign nationals from the compensation scheme.

The case also dealt with claims that had already been settled. In a related appeal, the SCA found that the RAF could not use the dispute over immigration status to suspend existing court orders and settlements. Once a settlement becomes an order of court, it is binding unless successfully challenged on recognised legal grounds.

The ruling does not mean every foreign national involved in a road accident automatically qualifies for compensation. The normal requirements of a RAF claim still apply. A claimant must have suffered qualifying loss or damage arising from bodily injury or death caused by the negligent driving of a motor vehicle in South Africa and the claim must comply with the RAF Act.

The Constitutional Court’s order closes the RAF’s latest attempt to overturn the SCA’s interpretation. Any change to the position would therefore require a change to the law, rather than a new RAF directive or claim-form requirement.

For people dealing with the aftermath of a motor vehicle accident, the legal position can still be difficult to navigate. RoadCover manages qualifying RAF claims from start to finish, including the legal and administrative requirements involved in pursuing a claim. For members whose claims are successfully settled, 100% of the RAF settlement is paid to them, with no legal fees or expenses deducted.

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The 25% RAF Fee Is a Ceiling and Not an Automatic Deduction

Nokuthula Ngcobo — Tue, 15 Sep 2026 08:01:15 +0000

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The 25% RAF Fee Is a Ceiling and Not an Automatic Deduction

Amanda Rogaly

Many South Africans believe that if they appoint an attorney to handle a Road Accident Fund (RAF) claim, the attorney is automatically entitled to take 25% of the settlement. That is not correct.

Under a lawful contingency-fee agreement, the success fee may not exceed the lower of:

25% of the capital amount awarded; or
twice the attorney’s normal fee.

This means that 25% is a maximum, not an automatic fee. An attorney cannot simply deduct 25% from every successful RAF settlement.

This issue has now come under renewed parliamentary scrutiny.

Standing Committee on Public Accounts (SCOPA) draft Road Accident Fund inquiry report has raised concerns about contingency fees being linked to the size of a claimant’s settlement. The committee suggests that this could create an incentive to increase claim values and result in money intended for an injured person or bereaved family being diverted towards legal fees.

These are draft parliamentary observations, and no change to the law has been made. This also does not mean that every attorney acts improperly. Contingency-fee agreements can help people access legal representation when they would otherwise be unable to afford it.

What matters is that claimants understand the terms of the agreement they sign, including the fee that may be charged and how much could ultimately be deducted from their settlement.

What could a deduction mean for a claimant?

For someone receiving a R500,000 settlement, a substantial legal deduction can represent months or even years of lost income.

For a seriously injured claimant, it may be the difference between being able to pay for ongoing treatment and having to go without it.

For a child who has lost a parent, it may affect the money available for education, housing and long-term financial security.

A RAF settlement is not a bonus or a windfall; it is compensation intended to help restore what an accident has taken away.

With RoadCover, the deduction is 0%

RoadCover manages qualifying RAF claims for its members from start to finish without deducting legal fees or expenses from a successful settlement.

This means:

No percentage is taken.
No legal expenses are deducted.
The member receives 100% of the RAF settlement.

RoadCover is not an insurer. We are a specialist claims-management company that handles the RAF journey on behalf of our members. From gathering documentation and obtaining the necessary expert evidence to managing the legal process and following the claim through to settlement.

Our members do not have to navigate the RAF system alone, and they do not surrender a percentage of their successful settlement in exchange for having the claim managed.

Ask the right question before an accident happens

The question is not only: “Who will handle my RAF claim?”

It is also: “How much of my settlement will ultimately reach me?”

With RoadCover, the answer is simple: all of it.

Do not wait until after an accident to learn what the claims process may cost you. Put RoadCover in place before you need it and know that, if the unexpected happens, the entire qualifying RAF process will be managed on your behalf.

25% may be the legal ceiling. With RoadCover, the deduction is 0%.

No fees. No deductions. 100% of the settlement is yours.

The SCOPA observations discussed in this article form part of a draft parliamentary report. They do not constitute a change to the Contingency Fees Act or a finding that all contingency-fee arrangements are improper.

The question is not only: “Who will handle my RAF claim?”

It is also: “How much of my settlement will ultimately reach me?”

With RoadCover, the answer is simple: all of it.

25% may be the legal ceiling. With RoadCover, the deduction is 0%.

No fees. No deductions. 100% of the settlement is yours.

Source: Moonstone Information Refinery

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A RAF Claim Doesn’t End With Submission, It Needs Proper Management

Amanda Rogaly — Mon, 14 Sep 2026 09:10:16 +0000

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A RAF Claim Doesn’t End With Submission, It Needs Proper Management

Amanda Rogaly

When someone is injured or loses a loved one in a road accident, they expect the Road Accident Fund (RAF) process to deliver fair, efficient compensation.

Unfortunately, newly published findings from Parliament’s Standing Committee on Public Accounts (SCOPA)suggest that the real problem often begins long before a matter reaches court.

SCOPA’s draft RAF inquiry report concludes that failures to investigate, settle and defend claims timeously have contributed substantially to the billions of rands spent on legal costs.

According to the draft findings, R8,63 billion was recorded against the 20 largest plaintiff law firms between April 2020 and December 2025. However, this figure was not made up only of attorneys’ fees. It also included expert expenses, interest, sheriff fees and the costs of enforcing payments.

SCOPA reportedly found that default judgments for costs and fees totalled R15,7 billion over four years. The average cost of settling a claim also increased from R114,008 in 2018/19 to R348,100 in 2024/25.

These are draft parliamentary findings, not a final report. However, they reveal something that every South African road user needs to understand: A RAF claim cannot simply be submitted and forgotten.

This means that every claim requires active management. Documents must be collected, medical and expert reports must be obtained, deadlines must be monitored, evidence must be properly prepared, communication must be followed up and every file must have a clear next step.

When this does not happen, claims can stall for years, costs increase, court dates are missed and already vulnerable claimants are forced to carry even more stress.

This is exactly why RoadCover exists

RoadCover manages qualifying RAF claims on behalf of its members from start to finish.

We do not merely submit forms and wait. We manage the documents, evidence, experts, legal process, deadlines and communication required to move the claim forward.

RoadCover is not an insurer; it is a specialist claims-management service designed to ensure that members have someone actively taking care of the entire RAF journey after an accident.

Most importantly, no legal fees or expenses are deducted from a successful RoadCover member’s settlement.

The claimant receives 100% of their RAF settlement.

This matters because RAF compensation is intended to help an injured person or bereaved family rebuild their lives. It may need to replace lost income, cover medical costs or support children who have lost a breadwinner.

That money should reach the person for whom it was intended.

The lesson for every road user

Do not wait until after an accident to discover how complicated the RAF process can be. RoadCover membership gives you access to an experienced team that understands the system and manages the work on your behalf when you need it most.

A RAF claim involves more than paperwork. It requires someone to keep track of every document, deadline and next step throughout the process.

No fees. No deductions. 100% of the settlement is yours.

The SCOPA findings discussed in this article form part of a draft parliamentary report and may change before the report is finalised.

Sources: Parliamentary Monitoring Group and Moonstone Information Refinery

RoadCover

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RAF Claim Support

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