Road Accident Fund claims - the time limits and fee rules every claimant should know

Every year thousands of South Africans injured in road accidents claim compensation from the Road Accident Fund (RAF). Many of them lose out because they miss a deadline or sign a fee agreement they do not understand. The free directory CallMyLawyer lists 479 firms that handle RAF matters. It sets out the key points claimants should understand before they appoint an attorney.

The clock starts on the day of the accident

Under the Road Accident Fund Act 56 of 1996, a claim must generally be lodged within three years of the accident where the driver or owner of the vehicle is known. Where the driver was never identified, as in many hit-and-run cases, the period is two years. Once a claim has been lodged, there are further time limits for issuing summons. A claim that is not pursued in time can be lost entirely.

Who can claim

Injured drivers, passengers and pedestrians can claim for medical costs, loss of income and, for serious injuries, general damages. Dependants of a breadwinner killed in an accident can claim for loss of support. The RAF assesses serious injury through a separate process, so claimants should keep every medical record from the start.

Understand the fee agreement

Many RAF attorneys work on a contingency basis, meaning they are paid only if the claim succeeds. The Contingency Fees Act 66 of 1997 limits these fees: a success fee may not be more than double the attorney's normal fee, and may not exceed 25% of the amount awarded. Ask any firm to explain its fee in writing, including how disbursements such as medical expert reports are paid.

Questions to ask before you sign

• How many RAF claims has the firm taken to settlement or court in the last few years?
• Will the firm lodge the claim directly with the RAF, and when?
• Which High Court will the matter be heard in if it goes to court?
• Who pays for medical and actuarial expert reports, and when?

Where claims are heard

Smaller claims can go to the magistrates' courts: up to R200,000 in the district courts and up to R400,000 in the Regional Courts. Larger claims are brought in the High Court. CallMyLawyer's town pages show which High Court division serves each town. For example, RAF claim lawyers in Gqeberha shows the Eastern Cape Division seat, and RAF claim lawyers in Pretoria lists Gauteng firms near the main seat.

The site's Road Accident Fund guide explains the full claims process, step by step, with links to official sources.

This article is general information and not legal advice.

About CallMyLawyer

CallMyLawyer (callmylawyer.co.za) is a free South African lawyer directory. It lists 1,073 law firms in 171 towns across all nine provinces, grouped into 20 practice areas, and 840 of those firms have a researched profile written from their own websites and official sources. The directory does not give legal advice and does not take a share of legal fees. CallMyLawyer is built and run by Mansa Digital (Pty) Ltd, a digital agency based in Roodepoort, Gauteng.