We understand that no two incidents are the same. To answer some of the questions you may have we have compiled a list of the most common questions we get asked. Remember also, that we are just a click or phone call away for any other information you may need.
The Road Accident Fund (RAF) provides cover to all South African road users (citizens and foreigners) that sustained injuries or lost a loved one due to a motor vehicle crash within the borders of South Africa.
Anyone who has been severely injured in a motor vehicle crash and was not the sole cause of the accident should have reasonable prospects of success with a claim against the RAF.
The Road Accident Fund (RAF) is funded via a national fuel levy and was created with the sole purpose of providing the widest possible cover for road crash victims, injured within the borders of South Africa.
The Road Accident Fund provides compensation for: medical expenses that result from a motor vehicle accident, funeral expenses in the case of a death caused by an accident or loss of support, if a household’s main income provider was killed or severely injured as a result from someone else’s negligence.Compensation will only be paid by the RAF if the claimant can show that someone else was partially or wholly to blame for the car crash.
Drivers, passengers, pedestrians, cyclists and motorcyclists can all claim from the Road Accident Fund. This applies as long as they were not entirely responsible for the accident and provided that the person causing the crash was the driver of a vehicle propelled by either petrol or diesel.
Yes, the RAF does cover foreigners, if the accident happens within the borders of South Africa.
The RAF compensates families for loss of support in the case of the death of a breadwinner. You can also claim compensation for funeral costs.
No. The RAF is interested in who was to blame for the accident and to what extent. A person driving without a license is not seen as negligent. An unlicensed driver can still claim compensation from the RAF.
If you were injured in a motor vehicle accident while you were on duty, you will be able to lodge a claim against the RAF even if an on duty injury claim was lodged against the WCC as well.
Only the biological father or mother of a child can claim on behalf of the child. Guardians appointed by court can claim, only if in possession of the necessary proof or court order.
The RAF will only consider claims of claimants where the accidents happened within the borders of South Africa.
The fund provides cover for both South Africans and foreigners involved in accidents on South African roads.
Very specific procedures will need to be followed when claiming from the Road Accident Fund. Documentation required includes but is not limited to: basic details, details of the accident, vehicles and parties involved, amount that you’re claiming as damages, etc. A doctor’s report, accompanied by an affidavit with police reports, witness statements, and other evidence are also required to support your claim.
The general rule is 3 (three) years however in hit and run (where the identity of the other party is not known) cases, this time is reduced to 2 years.
RAF Büddy strongly recommends using a reputable law firm, and here are the Road Accident Funds location and details:
Head office Address: 38 Ida Street, Menlo Park, Pretoria
Postal Address: Private Bag x2003, Menlyn, 0063
Tel: (012) 429 5000
Fax: (012) 429 5500
Call Centre: 0860 23 55 23
The forms are available on the Road Accident Fund’s website: https://www.raf.co.za/Claims/Pages/Claim-Forms.aspx
There are reputable lawyers that deal specifically with RAF claims. You can do your research online, and ask other’s advice to get the best lawyer to assist you – or you can simply contact RAF Büddy to refer you to a reputable law firm.
The RAF Act still requires a hard copy of the claim to be delivered by hand to the RAF or sent by registered post.
- SAPS case number and the name of the relevant police station;
- Section 19 (f) affidavit (describing the manner in which the accident took place);
- Names and contact details of the traffic officers attending the scene
- Copy of your Identity Document
- Statutory required medical report
- Copies of the birth certificates where children are involved
- Salary advice for at least 3 months before the accident
- Full particulars of employers
- Details of all treating doctors and/or medical personnel
- Details of any witnesses
- Photos of the scene of the accident
- Photos of the vehicles involved
- Photos of visible injuries
- Specified funeral expense accounts
- Specified medical expenses
- Medical Aid details
Past and future medical expenses, loss of earnings or earning capacity, loss of support, limited funeral expenses, and *general damages.
*Required that the claimant qualifies with a: 30% Whole Person Impairment rating or under the so-called “Narrative Test” (general damages are not a given and have to be proven).
As much detail of the other party/driver as you can. As much detail of witnesses as you can, identity numbers, cell phone numbers, addresses, etc. Photos of the position of the vehicles. Photos of the damage to all vehicles involved. Details of any traffic or other police officers at the scene. Names and details of emergency personnel.
A claim may be lodged by registered post to the RAF at the nearest Post Office. The registered slip with the date stamp of the Post Office will be proof of lodgement.
Witnesses form a very important part of the claim process, and claimants bare the onus to prove that he/she or the deceased breadwinner was not the sole cause of the accident. RAF Büddy recommends that you try and get these statements as soon as possible as people might relocate or not be as interested in assisting as time passes on.
The RAF will not cover the damage to your vehicle, motorbike, bicycle or any other objects that were damaged in the accident.
Settlements from the Road Accident Fund will not be subject to tax.
Each claim is unique and the payouts will vary. According to the RAF’s annual report for 2020, the average value paid out per claim was R138,010,
R826,007 was the average pay-out for loss of earnings, R482,291 was the average pay-out for general damages, R18,568 was the average pay-out for medical expenses. Depending on the circumstances, the compensation awarded can be more or less.
Funeral expenses are limited to the costs of burial or cremation of the deceased. Tombstones and other ceremonial expenses like flowers, flyers, and any food and beverages are NOT included. The RAF will only consider specified accounts. Only the person who paid for the expenses may claim.
Compensation is payable within 180 days from date of settlement or date of the court order.
Always keep in mind that loans are costly. If you are in need of money, your best course of action is to discuss this with family or friends to see if they are able to assist. If this is not an option, you may consider talking to your bank to see if you qualify for a loan.
If neither of the above solutions are available to you, you could investigate applying for bridging finance from a reputable organization.
Get in touch with Buddy to refer you to a reputable bridging finance company.