Road Accident Fund Claims | Onah Attorneys

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Road Accident Fund Claims – Real Compensation, Properly Fought

If you were injured in a road accident — as a driver, passenger, pedestrian or cyclist — the Road Accident Fund owes you compensation for medical costs, lost income and, in serious injury cases, general damages. The RAF’s own processes are slow and its settlement offers are routinely below true value. Our RAF attorneys build medico-legally proven claims and litigate when the Fund lowballs, on a no-win-no-fee basis.

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When you need Road Accident Fund claims

Injured as a passenger, pedestrian or cyclist

Injured as a driver where another vehicle caused the accident

Hit-and-run accidents (unidentified vehicles)

Loss of support after a breadwinner’s death

Serious injury general damages (RAF 4 narrative test)

Future medical care and loss of earnings claims

Rejected, repudiated or underpaid RAF claims

Claims approaching the 3-year prescription deadline

How we handle your matter

  1. Accident reconstruction

    We secure the accident report, witness statements and merits evidence establishing the other driver’s negligence — even 1% negligence unlocks the claim.

  2. Medico-legal build

    We brief specialists — orthopaedic, neuro, occupational therapy, industrial psychology, actuarial — because the experts’ numbers are the claim.

  3. Lodgement

    We lodge the RAF 1 claim with supporting documentation within prescription deadlines (3 years identified, 2 years hit-and-run).

  4. Negotiation

    We negotiate from a fully quantified position; the RAF settles properly only when trial-ready pressure exists.

  5. Trial & payment

    Where the Fund won’t pay fair value, we litigate in the High Court and enforce payment with interest.

Fees — transparent, agreed upfront

No-win-no-fee under a compliant contingency agreement capped by the Contingency Fees Act (max 25% of the award). Disbursements for medico-legal experts are advanced and recovered from the award.

Key legislation:
  • Road Accident Fund Act 56 of 1996
  • Contingency Fees Act 66 of 1997

Frequently asked questions

Who can claim from the Road Accident Fund?

Anyone injured in a South African road accident caused wholly or partly by another’s negligent driving — passengers, pedestrians, cyclists, motorcyclists and drivers not solely at fault — plus dependants of deceased victims.

How long do I have to lodge an RAF claim?

3 years from the accident for identified vehicles; 2 years for hit-and-run (unidentified) claims. Minors’ claims prescribe 3 years after turning 18. Late is fatal — act early.

What can I claim for?

Past and future medical expenses, past and future loss of earnings, loss of support (death claims), funeral costs — and general damages for pain and suffering where the injury qualifies as ‘serious’.

What counts as a ‘serious injury’?

30%+ whole person impairment on the AMA Guides, or qualifying under the narrative test — serious long-term impairment, permanent disfigurement, or severe mental disorder — certified via the RAF 4 form by our medico-legal experts.

The RAF made me an offer — should I accept?

Not before independent quantification. Direct claimants routinely settle for a fraction of true value because future loss and care costs were never actuarially calculated.

Can I claim if the accident was partly my fault?

Yes — contributory negligence reduces the award proportionally but doesn’t kill the claim. Only 100% own fault excludes you.

Speak to an Attorney Today

Get straight answers about Road Accident Fund claims from a firm that fights to win. First consultation — no obligation, full confidentiality.

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