RAF Claim Time Limits in South Africa: What Accident Victims Should Know

If you were injured in a motor vehicle accident, the first practical question is often simple: do you still have time to claim from the Road Accident Fund? The answer depends mainly on whether the driver or vehicle responsible for the accident is identified.

Identified driver or vehicle: generally three years

According to the Road Accident Fund’s public guidance, where the identity of the driver or owner of the vehicle is known, the claim must generally be lodged within three years from the date of the accident. The RAF also notes that the matter must be finalised within five years from the accident date.

Hit-and-run or unidentified vehicle: generally two years

If the accident involved an unidentified driver or vehicle, the RAF’s guidance gives a shorter period: the claim must generally be lodged within two years from the date of the accident, and finalised within five years from the accident date.

What information is usually needed?

The RAF explains that claims are lodged on prescribed statutory forms. For modern claims, this is usually the RAF 1 claim form. The form records basic information about the claimant, the vehicles and parties involved, the date and place of the accident, the amounts claimed, and a medical report by the treating doctor.

The RAF also refers to the RAF 3 accident report form, which records details of the collision and witnesses where required. In practice, useful supporting documents often include identity documents, hospital or medical records, proof of earnings or loss of income where relevant, the police accident report or case number, photographs, and witness details.

Do not wait until the deadline is close

RAF claims take time to assess properly. Medical records may need to be collected, the accident facts must be understood, and the correct forms and supporting documents must be prepared. Waiting too long can make it harder to trace witnesses, obtain documents, and protect the claim before prescription becomes an issue.

Need help assessing a possible RAF claim?

GCM Legal can help assess whether a RAF claim may be available and what information is still needed. You can call 087 153 1998 or submit an enquiry through this website.

This article is general information only and is not legal advice. RAF deadlines can be affected by the facts of a matter, so specific advice should be obtained as soon as possible.

Sources: Road Accident Fund Claims FAQ; Road Accident Fund Claim Forms.