Being injured in a motor vehicle accident is difficult enough without the driver responsible fleeing the scene. If another driver’s negligent driving caused your injuries and they cannot be identified, you may still be able to claim compensation from the Road Accident Fund (RAF).
With over 21 years of experience working with RAF claims, RoadCover understands the challenges injured motorists can face when pursuing compensation after a hit-and-run accident. This is why we manage qualifying claims from start to finish, including the legal and administrative requirements.
Yes. The RAF can compensate qualifying claimants for injuries or loss resulting from a motor vehicle accident, including cases where the identity of the driver or vehicle owner has not been established. The claim must meet the applicable legal requirements, including those relating to negligence and the evidence supporting the claim. Under the Road Accident Fund Act, the Fund’s liability can extend to accidents involving unidentified drivers or vehicle owners.
However, the RAF does not automatically accept every hit-and-run claim. You must provide sufficient evidence that the accident occurred, that you suffered qualifying injuries or loss and that the circumstances support your claim.
You do not necessarily need to find the driver before submitting a claim. A hit-and-run claim is specifically intended to address circumstances in which the driver or vehicle owner remains unidentified.
The challenge is proving what happened. Evidence may include medical records, photographs of the accident scene and your injuries, witness statements and information about the vehicle involved. If anyone saw the accident, try to obtain their contact details and account of what happened.
Report the accident to the South African Police Service (SAPS) as soon as possible. Give officers all the information you have, even if you cannot identify the driver or provide the vehicle’s registration number. The RAF’s official information leaflet outlines the steps claimants should take after an accident, including reporting the incident and gathering supporting evidence.
Reporting the accident to the police and obtaining a case number are important steps when preparing a hit-and-run claim. The police report can help establish that the
incident was reported and provide information relevant to the circumstances of the accident.
Give SAPS as much detail as possible, including the location and time of the collision, the direction in which the vehicle fled, any description of the vehicle and the contact details of witnesses.
A case number alone does not prove that the RAF is liable to compensate you. Your claim must still be supported by the relevant evidence and documentation.
If you have not yet obtained a case number or are unsure which documents are required, seek guidance on the next steps rather than allowing the matter to go unaddressed.
Hit-and-run claims have a two-year deadline. The RAF’s published guidance states that claims involving an unidentified driver or vehicle owner must be lodged within two years from the date the claim arose. This differs from the general three-year prescription period for claims where the driver or owner has been identified.
The deadline is important because missing it will affect your right to claim. Do not assume that waiting for the police to identify the driver will extend the time available to submit your claim.
The circumstances of an individual case can affect how the applicable rules operate, so obtain advice promptly if you are uncertain about your deadline.
Start by reporting the accident to SAPS and seeking medical attention for your injuries. Keep copies of your medical records, police documentation, photographs and any witness information. You will also need to complete the relevant RAF claim forms and provide the supporting documents required for your claim.
The process can be complicated, particularly when the driver cannot be traced and the available evidence needs to establish how the accident happened.
RoadCover manages qualifying RAF claims from start to finish, handling the legal and administrative requirements involved in pursuing a claim. RoadCover does not decide whether the RAF accepts a claim or determines the amount awarded.
If your RAF claim is successful, 100% of the settlement is paid to you, with no fees deducted by RoadCover.
A driver fleeing the scene does not automatically mean you have no recourse. Acting quickly, reporting the accident and preserving evidence can help you establish whether you have grounds to claim from the RAF.
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.