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MTHEMBU & CO ATTORNEYS
Practice Area
Pursuing compensation for injuries sustained in motor vehicle accidents under the RAF Act.
Road Accident Fund claims arise when a person is injured or killed as a result of the negligent or wrongful driving of a motor vehicle on a public road in South Africa. The Road Accident Fund, established under the Road Accident Fund Act 56 of 1996, provides compulsory social insurance cover to road users and compensates victims or their dependants for loss or damage suffered.
P A Mthembu Attorneys pursues RAF claims on behalf of injured claimants. The firm handles every stage of the process: from gathering the necessary medical and evidentiary documentation, to lodging the claim with the RAF, to negotiating settlement or proceeding to trial where the RAF disputes liability or quantum.
RAF matters are frequently complex. Issues of contributory negligence, the identification of the wrongdoer, and disputes over the extent of injuries and future loss are common. The firm approaches each matter with the same level of preparation it would apply to High Court litigation because many RAF matters do, in fact, end up there.
The RAF has undergone significant regulatory changes in recent years, including amendments to the submission process and the introduction of the RAF's Direct Claim Lodgement system. The firm stays current with these developments to ensure that claims are lodged correctly and efficiently, minimising delays for clients.
Whether you were a driver, passenger, pedestrian, or cyclist, if you were injured due to another person's negligent driving, you may be entitled to compensation for medical expenses, loss of earnings, general damages, and loss of support.
How long do I have to lodge a RAF claim?
You must lodge your claim with the Road Accident Fund within three years from the date of the accident. In the case of a hit-and-run where the driver is unidentified, the claim must be lodged within two years. It is important to act promptly, as late claims require an application for condonation, which is not always granted.
What documents do I need to start a RAF claim?
You will typically need a copy of the accident report (obtained from the SAPS), your identity document, medical records and reports from your treating doctors, proof of income (payslips, tax returns, or an affidavit if self-employed), and a witness statement or affidavit detailing how the accident occurred.
Can I claim if the accident was partially my fault?
Yes. South African law recognises the concept of contributory negligence. If you were partially at fault, your compensation may be reduced in proportion to your contribution to the accident, but you are not necessarily disqualified from claiming.
How is the compensation amount determined?
Compensation is calculated based on several heads of damage: past and future medical expenses, past and future loss of earnings, and general damages for pain and suffering. Each of these is assessed individually based on the medical evidence and the financial impact of your injuries.
Do I need a lawyer to lodge a RAF claim?
You are not legally required to have a lawyer, but the process is complex and the RAF is known to dispute claims aggressively. Having an attorney significantly improves the prospects of a successful outcome and ensures you receive fair compensation.
How long does a RAF claim take to finalise?
Timelines vary depending on the complexity of the matter. Straightforward claims can settle within 12 to 18 months. Matters that proceed to litigation may take 2 to 4 years or longer, depending on the court roll and any disputes over liability or quantum.
Whether you need representation or want to understand your options, get in touch.
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