Can a Passenger Claim from the Road Accident Fund?

Being injured while someone else is driving can leave you with hospital appointments, missed work and questions about who should help. Passengers often assume that a claim depends on whether they paid for the journey or personally know the driver. The more useful starting point is the accident itself, the injuries and the available evidence.

A passenger may have a Road Accident Fund claim where the legal requirements are met. Being in a private car, taxi or other vehicle does not by itself decide the outcome. The circumstances of the collision and the connection between the driving and the injury need to be assessed.

The driver may be someone you know

An injured passenger sometimes hesitates because a relative, friend or colleague was driving. A possible RAF claim should still be assessed on its facts. Explain who was driving, which vehicles were involved and what you remember. You do not need to decide who was legally responsible before making an enquiry.

Be clear about your position in the vehicle and whether you saw the collision happen. If you were asleep, distracted or unable to remember part of the journey, say so. An honest account with gaps is more useful than a detailed story assembled from what others later told you.

Information that helps explain the journey

Keep the accident date, approximate time and location together. Note the vehicle registration and the driver's details if known. In a taxi or bus accident, a ticket, receipt, booking message or photograph may help identify the journey. Preserve it even if it seems unimportant at first.

The police accident reference and contact details of witnesses can also assist. Other passengers may remember different parts of the incident, but each person should give their own account. Do not copy another passenger's statement or assume that everyone has the same injuries and losses.

Keep your own injury and expense records

Your claim concerns your individual circumstances. Keep hospital records, discharge instructions, medical certificates and appointment dates. If you attended more than one facility, list them in date order. Include the treatment you received immediately after the accident and any later follow-up treatment.

Record time away from work and any change in duties or earnings. Save relevant invoices and receipts, identifying who paid each amount. These records help explain the effect of the injuries; they do not mean that every expense will necessarily be recoverable.

What if the driver says everything is being handled?

A vehicle insurance claim, police investigation and an injury claim serve different purposes. Someone arranging repairs to a car is not necessarily dealing with your RAF claim. Find out whether any claim has actually been lodged for you and keep copies of documents you sign.

If an attorney already represents you, tell us that at the start of any enquiry. Existing appointments and claim references matter when assessing what assistance is appropriate. Avoid signing a second mandate simply because you are unsure what the first representative is doing.

Take the next step while information is available

You can enquire before collecting every record. Provide the accident date, a brief explanation of the journey and your main injuries, then identify what is missing. Applicable deadlines need individual attention; submitting a website enquiry does not lodge a claim with the RAF.

GCM Legal can help assess whether a passenger claim may be available and what information is still needed. Leave your name and number through this website, or complete the questionnaire if you would like to provide a fuller account.

Sources: Road Accident Fund Act 56 of 1996, as amended, sections 17, 23 and 24 (South African Government; SAFLII consolidated legislation). Checked 28 October 2026.

Hero photograph: Pexels photo 33641607, pexels.com/photo/33641607/, used under the Pexels licence. Illustrative stock image; any people shown are not presented as clients, staff or parties to an accident.