Practice Area

Road Accident Fund Claims

Injured in a motor vehicle accident? We pursue third party claims against the Road Accident Fund on your behalf.

A claim most people do not know they have

If you were injured in a road accident that was not entirely your fault, whether as a driver, a passenger or a pedestrian, you may have a claim against the Road Accident Fund. Families who lost a breadwinner in an accident may also have a claim for loss of support. Many valid claims are never lodged, simply because people do not know they exist.

The RAF process is slow, technical and strict on time limits and documentation. VDW Attorneys handles the claim for you, from gathering the evidence and lodging the claim through to settlement or court, and keeps you informed along the way.

How we can help

  • Injury claims. Claims for drivers, passengers, pedestrians and cyclists injured in motor vehicle accidents.
  • Loss of support. Claims by dependants of a breadwinner who died in a road accident.
  • Medical expenses. Past and future medical and hospital expenses arising from the accident.
  • Loss of income. Compensation for earnings lost and earning capacity reduced by your injuries.
  • Claim lodgement. The full claim, prepared and lodged correctly with the supporting documents the Fund requires.
  • Litigation. Court proceedings where the Fund repudiates, underpays or delays a valid claim.

What to expect

  1. Tell us about the accident. Bring whatever you have: the date and place of the accident, a case or accident report number if there is one, and your medical records. Missing documents can usually be obtained.
  2. We build and lodge the claim. RAF claims fail on technicalities more than on merits. We prepare the claim properly, with medical and other evidence, and lodge it within the time limits.
  3. Settlement or court. We deal with the Fund on your behalf and advise honestly on any offer. If the Fund does not come to the table, we litigate.

Frequently asked questions

Who can claim from the Road Accident Fund?

Anyone injured in a South African road accident caused wholly or partly by the negligent driving of another vehicle: drivers, passengers, pedestrians and cyclists. Dependants of a person who died in such an accident may claim for loss of support. If the accident was entirely your own fault, there is no claim against the Fund.

How long do I have to lodge an RAF claim?

The time limits are strict. In general a claim must be lodged within three years of the accident where the other driver is identified, and within two years where the driver or vehicle is unidentified, as in many hit-and-run cases. The safest course is to get advice as soon after the accident as possible.

What will it cost me to claim?

Fee arrangements for RAF matters are discussed openly at your first consultation, before you commit to anything. You will understand exactly how costs work in your matter upfront, in writing, with no surprises.

How long does an RAF claim take to pay out?

Honestly: usually a long time. The Fund is slow, and claims commonly take years rather than months to resolve. What we control is lodging a complete, well-prepared claim, pushing it along and keeping you informed, so that delay is never caused from our side.

The information on this page is general in nature and is not legal advice. Every matter is different. Speak to an attorney about your specific circumstances.

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