Claiming compensation from the Road Accident Fund (RAF) after a motor vehicle accident can be lengthy and complex. Knowing what happens at each stage, which documents are required and how long you may have to wait helps you make informed decisions.
“RoadCover understands that navigating RAF claims can be confusing and overwhelming, especially when you are already dealing with the physical, emotional and financial impact of a motor vehicle accident. This is why we take that burden off our members by managing their qualifying claims from start to finish, keeping them informed throughout and ensuring that 100% of a successful settlement goes to them, with no fees deducted,” says Amanda Rogaly, CEO of RoadCover.
The process begins with establishing whether you qualify. The RAF covers eligible injuries and certain losses arising from a motor vehicle accident caused by another driver’s negligence, subject to the provisions of the Road Accident Fund Act. Dependants may also claim if they have lost financial support following a breadwinner’s death.
The main steps are:
1. Gather documents. These may include your identity document, accident report, medical records, proof of expenses, and other evidence.
2. Complete the required forms. Submit the prescribed RAF forms with supporting documents.
3. Lodge the claim. Formally submit the completed claim to the RAF.
4. RAF investigation. The Fund examines the claim, assesses liability and considers the injuries, expenses, and losses.
5. Resolve the claim. The matter may be settled with the RAF or proceed to court.
Claims must be lodged within the legal time limits: three years for accidents involving an identified driver or vehicle owner, and two years for hit-and-run cases. Confirm the applicable deadline for your circumstances. The Road Accident Fund Actt sets out the requirements.
Once lodged, the RAF investigates the accident and reviews the documents. It considers whether the claim meets legal requirements, who was responsible and what compensation may be payable.
The Fund may request additional information or medical assessments to determine the extent of injuries and losses. Submitting a claim does not mean automatic approval — the RAF must assess the evidence before deciding liability and compensation. Missing documentation can delay the process, so responding promptly to requests is important.
There is no fixed timeframe. Straightforward claims may resolve sooner, while serious injuries, disputed liability, ongoing treatment, or disagreements about compensation can extend the process.
A claim may take years, especially if court proceedings are required. Timing depends on how quickly documents are obtained, whether the RAF disputes the claim, and whether settlement can be reached.
The RAF’s 120-day period is not a guarantee of payment within four months. It is a statutory waiting period before court proceedings can begin.
Acceptance of liability does not mean the RAF will pay the full amount claimed. The value of the claim must still be established, including medical expenses, loss of income, and future financial losses.
Where general damages for pain and suffering are claimed, the injury must meet serious-injury requirements. A serious injury assessment and the RAF 4 form may be required.
If compensation is agreed, the claim proceeds to settlement. If not, litigation may be necessary.
Under section 24(6) of the Road Accident Fund Act, court proceedings generally cannot begin until at least 120 days after lodging the claim, provided legal requirements are met.
An exception applies if the RAF rejects liability in writing before the 120-day period expires. In that case, proceedings may begin sooner, subject to other requirements.
A claim may proceed to court when the RAF disputes liability, challenges the amount claimed or fails to reach an acceptable settlement with the claimant. Court proceedings allow the disputed issues to be determined through the legal process.
Going to court does not automatically mean the matter will proceed to a full trial. A settlement may still be reached during litigation.
No. The RAF is not legally required to settle every claim within 120 days.
The 120-day period under Section 24 is the minimum waiting time before court proceedings can be instituted. It allows the RAF to investigate before litigation.
The law also provides a 60-day period during which the RAF may object to the validity of a claim. If it does not object, the claim is deemed valid under section 24(5). This does not mean liability has been accepted or the amount agreed.
The distinction matters: lodging a claim, having it accepted as valid and reaching settlement are different stages. Meeting one deadline does not guarantee payment. Section 24 of the Road Accident Fund Act sets out these requirements.
Understanding the process helps you know what to expect and what to ask as your claim progresses. RoadCover manages qualifying RAF claims from registration through to settlement, with transparent communication to ensure members know where their claims stand. Successful members receive their full settlement, with no fees deducted by RoadCover.
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.