RAF Process

The RAF is a statutory insurer that insures all persons who have been involved in an accident on a road in South Africa and have sustained bodily injury or lost a breadwinner. This means that, in South African Law, we sue the RAF instead of the person who caused the accident as they usually are unable to pay for the damages they’ve caused. The RAF gets its funds from a levy on all fuel sold in South Africa.

The RAF will only compensate you if:
a) You have been seriously injured in a motor vehicle accident; and/or
b) Lost a breadwinner;

If you have a RAF Claim we will only be able to assist you if you contact us within three years from the date of your accident if you have the details of the vehicle which caused the accident or two years if you do not have the details of the vehicle which caused the accident (hit and run). Unless:
i. You are under 18. You then have two to three years from the date you turn 18 to claim from the RAF.
ii. You suffer from a similar legal disability interrupting prescription such as curatorship or are a patient in terms of mental health legislation. Please contact our offices if you are uncertain.

The Process:
1. The first step is Lodgement. We will complete your RAF 1 Form with supporting documentation and submit it to the RAF for their consideration.
2. We must then allow 180 days to pass for the RAF to investigate the claim as prescribed by law.
3. Should the RAF not pay, and given the RAF’s disposition it is highly unlikely that they will pay out at this stage, we will then proceed to sue the RAF.
4. We will then begin Court proceedings against the RAF and you may need to attend a Trial. However, the RAF may or may not settle out of Court before this.
5. In order to prove your damages, you will have to attend doctors who will prepare reports for the Court substantiating your injuries.
6. If the RAF settles or you are awarded damages in Court the RAF then has 180 days to make payment to us which we will pay over to you.

Our fees:
As medico-legal reports and litigation is expensive, we work on a no win no fee basis in terms of the Contingency Fee Act. This means that you will not pay us anything, but on successful finalisation of your claim we will be entitled to 25% of it. Therefore, for every R 100.00 paid out to you, we will be entitled to R 25.00.