If you've been injured in a car accident in South Africa, you may be entitled to claim compensation from the Road Accident Fund (RAF). But before you begin the process, it’s crucial to understand what the RAF actually covers — and what it doesn’t.

Many people assume the RAF pays for all accident-related costs, including car repairs and minor injuries. It doesn’t. The Fund has strict rules around who qualifies, what expenses are compensable, and how claims must be submitted. Without the right information, your claim could be delayed, reduced, or rejected entirely.

This article breaks down everything the Road Accident Fund is responsible for — from medical expenses and loss of income, to what happens when you're the dependent of someone who has died in an accident. We’ll also cover the common exclusions, how to follow up on your claim, and why working with experienced RAF attorneys like Van Deventer & Van Deventer Inc. can make the difference between a successful payout and months of frustration.

What Is the Road Accident Fund (RAF)?

The Road Accident Fund is a public entity established under the Road Accident Fund Act 56 of 1996, designed to compensate people who are injured, or the dependants of those killed, in motor vehicle accidents on South African roads.

Unlike private insurers, the RAF is funded through a fuel levy, meaning every road user contributes. Its purpose is to provide social security by covering certain costs resulting from bodily injury or death caused by the negligent driving of a motor vehicle.

Who Can Claim from the RAF?

You may be eligible to claim if you are:

• A driver, passenger, or pedestrian injured in an accident caused by another party
• A dependent (spouse, child, or sometimes parent) of someone who died in a qualifying accident
• A legal guardian acting on behalf of a minor or someone incapacitated

RAF Is a Fault-Based System

Claims are generally only valid if the accident was partially or entirely the fault of another driver. If you were 100% responsible — for example, driving recklessly without any other party’s involvement — you may not be eligible for compensation. However, even in cases of shared blame, the RAF may still pay partial compensation based on the degree of fault.

Importantly, the RAF does not cover damage to vehicles or property — it deals strictly with injuries and loss of life.

What the Road Accident Fund Covers

The RAF provides compensation for specific categories of loss resulting from road accidents. These are strictly limited to personal injury and death-related claims — and each category comes with its own legal and procedural requirements.

1. Medical Expenses

The RAF covers past and future medical costs that are directly related to injuries sustained in the accident. This includes:

• Emergency treatment
• Hospitalisation
• Surgery
• Rehabilitation and physiotherapy
• Assistive devices (e.g. wheelchairs)

Only reasonable and necessary medical expenses will be paid. You’ll need proper medical records and invoices to support your claim.

2. Loss of Income

If your injuries prevent you from working, either temporarily or permanently, you can claim for actual loss of earnings. This requires:

Proof of income before the accident

Medical evidence showing how long you’ll be off work or whether you’re permanently disabled

The RAF uses actuarial calculations to determine compensation and may cap future earnings based on statutory limits.

3. Loss of Support

If someone dies in a motor vehicle accident and they were the financial provider for their family, the RAF may pay their dependants. This usually includes:

• Spouses or life partners
• Minor children
• Sometimes parents, if they were supported
• Proof of dependency, income, and legal relationship must be submitted.

4. Funeral Costs

The RAF provides limited compensation for reasonable funeral expenses following a fatal accident. However, not all burial costs are covered — only those directly associated with the death (e.g. transport of the body, coffin, and burial service).

5. General Damages (Pain and Suffering)

This is compensation for non-economic loss — things like emotional distress, pain, or loss of life enjoyment. But general damages are only available if your injuries qualify as “serious” under RAF guidelines. These must be:

• Medically assessed
• Certified as serious by a registered healthcare provider
• Minor or temporary injuries don’t qualify for general damages.

What the Road Accident Fund Does Not Cover

While the RAF provides essential support for accident victims, it’s equally important to know what it excludes. Many claimants are caught off guard when certain costs or circumstances fall outside the scope of compensation.

1. Vehicle or Property Damage

The RAF does not cover:

• Repairs to your vehicle
• Replacement of damaged property (phones, laptops, etc.)
• Car hire or towing costs

If you need to recover these losses, you must pursue a civil claim against the responsible party or their insurer.

2. Minor Injuries That Don’t Qualify as Serious

General damages (for pain and suffering) are not available for:

• Whiplash
• Bruising or soft tissue injuries
• Temporary discomfort without long-term impairment

Only injuries meeting the RAF’s serious injury threshold (e.g. permanent disability, severe scarring, or major trauma) qualify for this category of compensation.

3. Claims by the Solely At-Fault Driver

If the accident was entirely your fault, the RAF won’t compensate you. For example:

• A driver who crashes alone due to negligence (e.g. speeding, driving under the influence)
• No other party involved or blameworthy
• There must be another negligent party — even partially — for a valid claim.

4. Late Claims

There are strict time limits for submitting a claim:

• 3 years for claims involving an identified vehicle
• 2 years for unidentified vehicles (e.g. hit-and-run)

Miss these deadlines and your claim may be automatically rejected, regardless of merit.

5. Duplicate or Overlapping Claims

The RAF will not compensate for:

• Losses already covered by private insurance (unless there's a shortfall)
• Multiple claims for the same injury or incident
• Claims where the loss cannot be proven or is speculative

How to Check a Road Accident Fund Claim

Once a claim has been submitted to the RAF, it's common for applicants to experience long waiting periods — sometimes stretching over months or even years. Keeping track of your claim status can help prevent unnecessary delays and ensure missing information is addressed promptly.

How to Follow Up on Your Claim

You can check the progress of your RAF claim by:

• Calling the RAF Contact Centre: 087 820 1111
• Emailing the regional RAF office where the claim was submitted
• Visiting an RAF walk-in centre (appointments may be required)
• Requesting updates via your attorney, if you’ve appointed legal representation

Always have your claim number, ID number, and the date of the accident on hand when making enquiries.

Documents You May Be Asked For

If your claim has stalled or been referred back for further information, you may be asked to provide:

• Updated medical reports
• Banking details
• Proof of earnings
• Identity documents
• Police reports or accident reconstruction data

Delays are often caused by incomplete documentation, uncertified medical records, or inconsistencies in the claim form.

How Attorneys Can Speed Up the Process

Experienced road accident fund attorneys understand the system’s bottlenecks. They can:

• Track the claim internally
• Communicate with assessors and case managers
• Escalate matters when timelines are exceeded
• Identify administrative errors before they cause rejection

Working with professionals like Van Deventer & Van Deventer Inc. can mean the difference between a stalled claim and timely compensation.

Why You Need a Road Accident Fund Attorney

The RAF claim process may seem simple on paper — but in practice, it’s anything but. Many valid claims are delayed, underpaid, or rejected due to technicalities, incomplete documentation, or missed deadlines. Navigating this process without legal support can cost you time, money, and ultimately, the compensation you're legally entitled to.

Why Legal Help Matters

An experienced RAF attorney understands how to:

• Correctly assess whether you qualify for compensation
• Gather and present medical evidence that meets RAF standards
• Calculate your loss of earnings or support accurately
• Ensure your claim is submitted within the statutory timeframes
• Challenge rejections or delays using legal remedies

Without this guidance, even a strong claim can be undermined by administrative errors or procedural missteps.

Protecting Your Rights from the Start

From the moment of injury, every document, medical appointment, and statement matters. Having legal support early on means:

• You claim the maximum amount you’re entitled to
• You meet all legal and medical thresholds
• You don’t accept a low settlement that fails to cover your actual losses

Why Work with Van Deventer & Van Deventer Inc.?

As experienced road accident fund attorneys, the team at Van Deventer & Van Deventer Inc. has a strong track record of handling complex RAF claims. They ensure every detail is accounted for — from medical reports and income calculations, to compliance with the Fund’s strict processes.

Whether you’re filing a new claim, following up on a pending one, or facing challenges with an existing application, their expertise can protect your rights and fast-track the compensation you deserve.
If you’ve been injured in a road accident and need clarity on your claim, contact Van Deventer & Van Deventer Inc. for experienced legal help with the RAF process.