Motor Vehicle Accident Claims

(Road Accident Fund)

Any person (including drivers, passengers, motorcyclists, cyclists & pedestrians) who sustained a bodily injury in a motor vehicle accident on South Africa’s roads (except a driver who was the sole cause of the accident), a deceased breadwinner and a relative of the deceased who paid for the funeral can claim from the Road Accident Fund (RAF).
Victims of road accidents can claim for medical expenses, loss of earnings, & in cases involving serious injury, general damages for pain & suffering. A claim for loss of support and funeral costs can be claimed if a breadwinner in your family is killed in a road accident.
If your claim is an identified claim – the identity of the driver or owner for the negligent motor vehicle is known – the RAF claim must be lodged with the RAF within 3 years from the date of the accident and summons must be issued within 5 years after the date of the accident.
If your claim is an unidentified claim – the identity of the driver or owner of the negligent motor vehicle is unknown – the RAF claim must be lodged with the RAF within 2 years from the date of the accident and summons must be issued within 5 years after the date of the accident.
If you’re involved in a road accident, ensure you take the following steps:
  • Record as much detail as possible about the accident (date, times & place)
  • Write down the full names & contact details of driver(s) involved in the accident & the registration details of the vehicle(s) involved
  • Record the full names & contact details of any potential witnesses
  • Consult your doctor or local hospital for a thorough medical examination
It is best to involve your attorney as soon as possible. The attorney can then obtain necessary witness statements, photographs of the scene of the accident & of the damaged vehicle(s) & other evidence to support your claim. Contact us to see if you have a claim.