If you have been injured in a road accident in South Africa, you may be entitled to compensation from the Road Accident Fund (RAF). The RAF provides financial compensation to people who suffer injuries or loss of income due to motor vehicle accidents caused by another party’s negligence.
Understanding the RAF claim process is essential to avoid delays, rejections, or missed deadlines. This guide explains how to claim from the Road Accident Fund, the documents required, and what to expect after submitting your claim.
What is loss of earnings?
Basically, loss of earnings is the income you lost, or will lose in the future, due to injuries you suffered during a road accident. As long as you were not 100% to blame for the accident, you are entitled to claim for the money you would have earned during that period.
Note: the RAF capped the amount claimable per year at R160,000 as of 31 October 2018.
While salaried employees can easily prove the loss of income because they can produce a pay slip, many entrepreneurs do not have a formal pay slip and proving earnings can be complicated.
What else can you claim for?
The RAF will also pay compensation for any past and future medical expenses and currently you can claim for general damages for pain, suffering and disfigurement for serious injuries. In the future, general damages will change depending on the implementation of the new Road Accident Benefit Scheme bill.
When can you not claim for loss of earnings?
If you are a driver and/or the owner of the vehicle and you were 100% responsible for the accident you are not entitled to make any claim to the RAF. You can also not claim if you were the only person involved in the accident and nothing else contributed to the accident.
ROAD ACCIDENT FUND (RAF) Claims | How to claim
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- The first step in claiming from the RAF is to gather all the necessary documents. Without all the relevant documents your claim’s probability of success will decrease. The documents required to launch a claim with the RAF are:
Standard Documents for Injury Claims:
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- Statutory Medical Report
- Copies of all hospital and medical records in terms of section 19 (e) (i) and 19 (e) (ii)
- Amount claimed as compensation.
- Certified copy of claimant’s ID, certified copy of the injured’s ID (if different from claimant)
- Unabridged birth certificate (if a natural guardian is claiming on behalf of a minor)
- If it’s the legal guardian claiming on behalf of a minor, they must submit a court order.
- Official Accident Report Docket and sketch plan
- Consent for the RAF to obtain and inspect hospital and medical records in terms of section 19 (ii) and 19 (e) (iii). Consent for the RAF to obtain and inspect financial and earnings information.
- Court order or Masters’ letter of appointment (if curator submitting on behalf of a minor (if applicable)
- Power of Attorney (if represented))
- Contingency fee agreement (if represented)
- Affidavit in terms of section 19 (f) (i). Any other statements/documents in accordance with section 19 (f) (ii).
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General Damages:
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- Photographs of injuries or scarring, where applicable, RAF 4 Form for Serious Injury Report duly completed in line with the AMA Guides’ narrative test where applicable.
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Loss of Earnings:
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- RAF 4 Form where applicable, employer’s certificate showing the nature of employment, period of service, remuneration, prospects of advancement and retirement age.
- Proof of any other income (if applicable), claimant’s tax records (if not available, communication from SARS that claimant is not registered for tax), in which case a bank statement for three years preceding the accident must be submitted, payslips from before and after and the accident, academic records, medical reports or documentation establishing or substantiating a claimant’s temporary/permanent disability and the loss of earnings claimed (medico-legal reports).
- Official confirmation of remuneration/compensation received from other sources.
- Official documentation confirming any disability grant, official confirmation of the Compensation Fund’s award (if claimant was injured during the course and scope of employment).
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Past Medical Expenses:
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- An itemised tax invoice from a registered medical provider/or hospital for past medical expenses and proof of payment of medical expenses.
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Standard Documents for Death Claims:
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- Completed Statutory Medical Report (only applicable if the deceased did not die at the scene); hospital and medical records (only applicable if the deceased did not die at the scene).
- Amount claimed as compensation.
- Certified copy of Claimant’s ID Certified copy of Dependants ID Certified copy of Deceased ID Certified copy of Death Certificate Unabridged birth certificate (if a natural guardian is claiming on behalf of a minor). If it’s the legal guardian claiming on behalf of minor they must submit a court order
- Official Accident Report Docket and sketch plan Consent for RAF to obtain and inspect hospital and medical records in terms of section 19 (ii) and 19 (e) (iii)
- Court Order or Masters’ letter of appointment (If Curator submitting on behalf of minor – LoS (Loss of Support) (If applicable)
- Power of Attorney (if Represented) Contingency fee agreement (if Represented)
- Affidavit in terms of Section 19 (f) (i) Any other statements/documents in accordance with section 19 (f) (ii)
- Post Mortem/ Inquest Report/Charge sheet and/or any other document(s) proving that the deceased was killed in the collision or as a result of the collision.
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Funeral Expenses:
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- Specified Voucher (Tax invoice for funeral expenses)
- Proof of payment of funeral expenses.
- Proof of relationship to deceased (certified marriage certificate/unabridged birth certificate/affidavit confirming relationship).
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Loss of Support:
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- Certified copy of marriage certificate/certificate proving customary marriage/unabridged birth certificate, if not married, an affidavit setting out the legal basis of claimant’s dependency on the deceased, employer’s certificate of the deceased’s service showing nature of employment, the period of service, remuneration, prospects of advancement and compensation and retirement age.
- Payslips, copy of maintenance order, if any, claimant’s tax records (if not available, communication from SARS that the claimant is not registered for tax, in which case a bank statement for three years preceding death must be submitted).
- Proof of additional income (if applicable).
- Copy of liquidation and distribution account (if applicable).
- Employer’s certificate of surviving spouse indicating period of employment, remuneration, and prospects of advancement.
- Proof of Guardianship (if claimant not biological parent)
- Proof of academic registration for children or dependants.
- Actuarial Report.
- All payments in terms of Compensation Commissioner, Rand Mutual, Police, Defence Force, etc.
- Past medical expenses, an itemised tax invoice from a registered medical provider/or hospital for past medical expenses, and proof of payment of medical expenses.
- Once you have completed all the necessary forms and accompanying documents, you must submit the documents in hard copy, in the case of faxed documents, the originals must be furnished and emailed documents are not accepted
The RAF determines whether the claim is valid (i.e. was there a road accident, does it comply with statutory provisions, was it submitted in time, etc.) and what the merits of the case are (i.e. the degree of fault, blame or negligence to be ascribed to the drivers of the vehicles and the claimant respectively)).The quantum is also determined (i.e. the amount of the damages or losses suffered).
If a submission is incomplete, the RAF will object to the validity of the claim at the pre-assessment stage and return the claim documents for the claimant to resubmit with all the required documents.
If the claim arose after 31 July 2008 and general damages are claimed, a Serious Injury Assessment Report (RAF 4) must be submitted to the RAF, confirming that the injury sustained is serious for purposes of the Act.
READ:How to Check Your Road Accident Fund (RAF) Claim Status Online
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- Verify that you have submitted all the required documents by contacting the RAF Contact Centre: 087 820 1 111.
SMS:
44930
Email outstanding documents to: contactcentre@raf.co.za
With the subject line: Backlog Documents
- Verify that you have submitted all the required documents by contacting the RAF Contact Centre: 087 820 1 111.
CLAIM FORMSRAF 4 SERIOUS INJURY ASSESSMENT













