Ipfani Makhuvha Attorneys
Litigation Services

Road Accident Fund Claims

Specialist representation in Road Accident Fund (RAF) claims for victims of motor vehicle accidents, recovering compensation for injuries, medical expenses, and loss of income.

About Road Accident Fund Claims

The Road Accident Fund is a no-fault insurance mechanism that provides compensation to victims of motor vehicle accidents in South Africa. However, obtaining fair compensation is not automatic—it requires understanding the RAF Act, establishing liability, proving causation, and quantifying damages. We specialise in representing injured persons in navigating this often complex process to secure the maximum compensation they deserve.

When a motor vehicle accident occurs, the injured party has the right to claim from the RAF regardless of fault (subject to certain exclusions), provided the accident occurred on a public road and involved a motor vehicle. The RAF covers compensation for loss of life, bodily injury, shock, loss of earnings, medical expenses, funeral costs, and other losses flowing from the accident. Unlike traditional negligence claims, fault is irrelevant—only causation between the accident and injury matters.

We handle all aspects of RAF claims, from initial investigation and gathering medical evidence through negotiation and, if necessary, litigation. We work with medical experts to establish the extent of injuries and prognosis, engage with rehabilitation specialists on treatment needs, and obtain actuarial evidence on future loss of earning capacity. We understand that serious injuries can have profound impacts on quality of life and earning potential, and we ensure these are properly valued.

The RAF has implemented serious reforms to control costs, which can make claiming challenging. We understand these reforms and the defences the RAF raises. We are experienced in dealing with the RAF's defence of state of mind (that injuries are not genuine) and vigorously contest unfounded denials of liability. Where the RAF refuses to pay a fair claim, we are prepared to litigate.

For families dealing with fatalities, we handle claims for loss of support and dependency, ensuring dependants receive proper financial provision. These matters are sensitive and require compassionate handling alongside thorough legal expertise.

Common Matters We Handle

  • Claiming for serious injuries sustained in a motor vehicle accident and loss of earning capacity
  • Recovering medical and rehabilitation costs incurred as a result of accident injuries
  • Pursuing a claim for loss of income during recovery and loss of future earning potential
  • Handling a fatality claim and securing compensation for dependent family members
  • Contesting a denial or undervaluation of a claim by the Road Accident Fund
  • Recovering costs of home modifications and mobility aids necessitated by permanent disability

Frequently Asked Questions

No. The RAF is a no-fault system. You do not need to prove the other driver was negligent or at fault. You only need to prove the accident occurred on a public road involving a motor vehicle and caused your injury. This makes RAF claims more accessible than traditional negligence claims.
You have three years from the date of the accident to institute a claim, as per the Prescription Act. However, it is advisable to lodge a claim much sooner to ensure evidence is preserved and medical records are documented whilst fresh. We recommend reporting the accident to the RAF immediately and obtaining legal advice within weeks.
Fault is irrelevant in RAF claims. Even if you were entirely at fault, you can still claim. However, your own negligence cannot be grounds for denying a claim. The only grounds for denial relate to exclusions such as intentional self-injury or exclusions in the legislation.
Compensation includes past loss of earnings (lost income from the accident to settlement), future loss of earnings (based on life expectancy and earning capacity), medical expenses, rehabilitation, pain and suffering, loss of amenities of life, and future medical costs. We engage expert actuaries and medical professionals to ensure proper valuation.
The RAF must provide reasons for denial. Common grounds include challenging the medical evidence or causation. We can lodge an objection and, if necessary, sue the RAF in court. Many denied claims are successfully overturned through litigation, particularly where the RAF's grounds for denial are weak.
Straightforward claims without medical disputes may be settled within 6-12 months. Claims involving complex injuries or disputes with the RAF can take 2-4 years. Litigation adds significant time. We work to expedite claims where possible whilst ensuring full value is obtained.

Ready to discuss your matter?

Speak with Ipfani Makhuvha about your road accident fund claims matter today.

Book a Consultation