Three years, or two, and then it is gone
A Road Accident Fund claim must be lodged within three years of the crash where the driver or vehicle that caused it is identified, and within two years where it is not. Miss either date and the claim prescribes. It cannot be revived.
The two year rule for hit and run claims catches people out. There is no extension for minors or for people lacking legal capacity, unlike the three year rule, where a child’s clock only starts when they turn 18.
Lodging is not the same as reporting. Opening a police case or telling your insurer does nothing to stop prescription. Only formal submission of the prescribed claim form with supporting documents counts.
What the RAF actually covers
The Fund compensates people injured or killed by the negligent driving of another road user. It is funded by the RAF levy on every litre of petrol and diesel sold, which is why the current review of the fuel pricing model touches it directly.
| Head of claim | What it covers |
|---|---|
| Past medical expenses | Hospital and treatment costs already incurred, with itemised tax invoices and proof of payment |
| Future medical expenses | Ongoing treatment, usually by way of an undertaking rather than cash |
| Past loss of income | Earnings lost between the crash and the claim |
| Future loss of earnings | Reduced earning capacity, capped at an amount adjusted from time to time |
| Loss of support | For dependants where a breadwinner is killed |
| General damages | Pain and suffering, only where the injury is assessed as serious |
| Funeral expenses | Where the accident was fatal |
General damages are restricted. Since the Act was amended on 1 August 2008, they are payable only for a serious injury, assessed by a medical practitioner as at least 30% whole person impairment or as meeting a narrative test covering serious long term impairment, permanent disfigurement or a long term mental disorder.
Property damage is not covered. The RAF pays for bodily injury and death, not for your car.
How to lodge
- Complete the RAF 1 form. For claims arising before 1 August 2008 the older Form 1 applies.
- Attach the RAF 4 serious injury assessment report where you are claiming general damages.
- Include the police accident report, medical records, itemised invoices and proof of payment.
- For loss of income, include an employer’s certificate showing your employment, period of service, remuneration, prospects of advancement and retirement age.
- Include a certified copy of your identity document. A foreign claimant must attach documentary proof of identity.
- An incomplete form may be refused, and a refused form does not interrupt prescription under section 23 of the Act.
You do not have to use an attorney. The trade off is that quantifying future loss properly usually needs medical and actuarial experts, and self represented claimants tend to accept the Fund’s first assessment. If you do use an attorney, payment goes into their trust account and they account to you.
The RAF contact centre is 087 820 1111 and outstanding documents go to [email protected]. Keep your claim reference number for any status query.
Can foreign nationals claim
Yes, and this is settled by the courts rather than by policy.
The RAF issued a directive in 2022 requiring foreign nationals to prove they were lawfully in South Africa at the time of the injury. The Gauteng High Court in Pretoria struck it down, and the Supreme Court of Appeal upheld that position in April 2026, holding that “any person” in section 17(1) of the RAF Act includes undocumented foreign nationals, and treating the statute as broad social security legislation.
The RAF’s own claims management system does not distinguish between documented and undocumented foreign claimants, which is why the figures below cover both.
The R23,3 billion figure, and what it means
Transport Minister Barbara Creecy told Parliament in a written reply that as at 31 March 2026, foreign related claims lodged between 1 April 2021 and 31 March 2026 totalled R23 323 568 682, across 13 127 claims.
That number is being reported as money paid out. It is not. Creecy was explicit that it is the total value claimed, meaning what claimants hoped to receive. Actual payments on foreign related claims over the same period came to about R6,33 billion.
| Financial year | Claimed | Paid |
|---|---|---|
| 2021/22 | R5,05bn | R2,10bn |
| 2022/23 | R5,49bn | R1,96bn |
| 2023/24 | R1,35bn | R834,3m |
| 2024/25 | R2,89bn | R595,9m |
| 2025/26 | R8,53bn | R839,0m |
Note that an earlier parliamentary reply, covering the different window of 2020/21 to 2024/25, put payments to foreign nationals at more than R7,3 billion across 24 520 claims. The two sets of figures are not comparable because the periods differ, so quoting them side by side produces a false contradiction.
The claimed figure jumped sharply in 2025/26 while the amount paid stayed flat, which fits a fund carrying a large backlog rather than a surge in payouts. Migration flows shifted over the same period, with nearly 100 000 Zimbabweans reported to have left South Africa.
What could change
The MK party has said it will bring a Private Member’s Amendment Bill to amend section 17 of the RAF Act, to prohibit claims by undocumented foreign nationals, to require passports, visas and compulsory accident insurance for any foreign claim, and to have the RAF verify immigration status with Home Affairs before processing a claim.
That is a proposal, not law, and any such amendment would have to survive the reasoning the Supreme Court of Appeal applied in April.
Separately, the Department of Transport is reviewing the RAF’s legislative framework and its funding model, including a possible charge attached to licence disc renewals. No amount or date has been published for that.
None of this changes what you must do today. The deadlines above still apply, and vehicle compliance, including a valid roadworthy certificate, is a separate obligation.
Where to check
The Road Accident Fund publishes the claim forms, the required document list and the lodgement process at www.raf.co.za, and the contact centre is 087 820 1111. Parliamentary replies from the Minister of Transport are published at www.parliament.gov.za. If a deadline is close, lodge first and sort out missing documents afterwards.
