Personal Injury & RAF Claims
You were hurt because someone else was careless. That is claimable.
If you were injured in a road accident, you may have a claim against the Road Accident Fund — for medical costs, for income you have lost, and where the injury is serious, for the pain and the change to your life. There are deadlines, and missing one ends the claim completely. That is the reason to call early rather than when you feel better.
Handled by Peter & Mandy Jay · 62 years in practice
The situation
What people are dealing with
- You are injured, off work, and the income has stopped while the bills have not.
- Nobody has explained whether you have a claim, or against whom.
- You have been approached by someone offering to "handle the RAF claim" and you are not sure who they are.
- The accident was a while ago and you are worried it is now too late.
What the law says
What the law actually says
- The Road Accident Fund compensates people injured through the negligent driving of another. It covers medical expenses and loss of earnings, and general damages where the injury is assessed as serious.
- Strict time limits apply, and they are shorter where the driver who caused the accident was never identified. Once a claim prescribes, it is gone — there is no discretion to revive it.
- General damages require a formal serious-injury assessment. Without it, that portion of the claim cannot succeed regardless of how the injury feels day to day.
- Being partly at fault does not necessarily end a claim. Damages can be apportioned, so a share of blame usually reduces a claim rather than defeating it.
How we handle it
- 01
Check the deadline first
Before anything else, we establish when the accident happened and whether the driver was identified. This determines how much time is left and how urgent everything else is.
- 02
Gather what proves it
Accident report, hospital records, medical reports, proof of earnings. Claims are won on documents, and the gaps are easier to fill early.
- 03
Assessment and quantification
Medico-legal assessment, the serious-injury evaluation where applicable, and a properly calculated loss of earnings — not a guess.
- 04
Lodge, negotiate, litigate
The claim is lodged and pursued. Many settle. Where the Fund does not engage or offers too little, the matter is litigated.
What it costs
We will discuss the fee arrangement openly at the first consultation, including what is and is not permitted for this kind of claim, and what happens to costs if the claim does not succeed. You should never be unclear about what a personal injury claim will cost you — ask us directly, and be wary of anyone who avoids the question.
What moves the number
- Whether the driver was identified, which changes both the deadline and the process
- The severity of the injury and how many medico-legal experts are required
- Whether loss of earnings needs an actuarial calculation
- Whether the Fund engages or the matter has to be litigated
How long it takes
RAF claims are slow. It is normal for a claim to take a few years from lodging to resolution, and the Fund’s own capacity is often the limiting factor. Starting early does not just protect the deadline — it moves the whole timeline forward.
Common questions
Personal Injury & RAF Claims
How long do I have to claim?
Strict time limits apply, and they are shorter where the driver was never identified — a hit-and-run. Because prescription ends a claim permanently, treat this as the first question to answer rather than something to check later.
The accident was partly my fault. Can I still claim?
Usually yes. Damages can be apportioned according to each party’s share of the blame, so partial fault typically reduces what you recover rather than removing the claim.
Someone contacted me offering to handle my RAF claim. Should I use them?
Be careful. Approaches after an accident are common and not all of them come from people entitled to act for you. Check who you are dealing with, and that they are a practising attorney. You are always entitled to choose your own.
I was a passenger. Does that matter?
Passengers can claim, including passengers in the vehicle of the driver at fault. Being a passenger rather than a driver does not exclude you.