How long does a RAF claim take?

Expect a Road Accident Fund claim to take years. A straightforward claim with modest injuries and clear liability can settle in roughly one to two years. A serious injury claim with disputed liability, several expert reports and a trial date commonly takes three to five years, and sometimes longer. Nobody can promise you a date.

Before anything else, check that you are still inside the deadline. Under the Road Accident Fund Act 56 of 1996, a claim where the other driver was identified must generally be lodged within three years of the accident. A hit and run or unidentified driver claim must be lodged within two years, and that shorter period is applied strictly. Even once a claim is lodged, summons generally has to be issued within five years of the accident date. Our prescription checker will help you work out where you are.

The stages, and what each one costs you in time

Gathering documents: weeks to months. You need the police accident report and case number, hospital and ambulance records, proof of income and receipts. Hospital records in particular can take a long time to obtain, especially from a busy state facility. This stage is often slower than people expect and it is the part you have the most control over.

Lodging the claim: one day, if your file is complete. You or your attorney lodge the claim form with supporting documents at an RAF office. Keep a stamped copy and your claim number.

Merits investigation: several months to a year or more. The Fund investigates whether the other driver was negligent. It obtains the police docket, considers witness statements and forms a view. Where liability is obvious, such as a rear-end collision, this moves quicker. Where the docket is thin, or the other driver disputes what happened, it drags.

Medico-legal examinations: often the longest stage. You are examined by specialists, which can include an orthopaedic surgeon, a neurosurgeon, a clinical psychologist, an occupational therapist and an industrial psychologist, and an actuary then calculates future loss of earnings. Each report has to be booked, written and exchanged. The Fund usually appoints its own experts too. Diary clashes and postponements are routine.

If you are claiming general damages for pain and suffering, this is also where the serious injury assessment happens. A medical practitioner completes the prescribed serious injury assessment report, and the Fund decides whether it accepts the injury as serious. If it does not, there is a dispute route through an appeal tribunal, and that adds time.

Settlement negotiation or trial: months to years. Many claims settle before trial, sometimes at the door of the court. If it does not settle, you wait for a court date, and court rolls in the high courts that handle RAF matters are heavily loaded.

Payment: further months. Settlement is not the same as money in your account. The Fund is allowed a period after a settlement or court order to pay the capital amount, generally 180 days, and in practice payments are often slower than that. Where an undertaking has been given for future medical expenses, that is not paid as a lump sum at all. It is a written promise to cover qualifying treatment when you actually need it.

What makes a claim slower

• Serious or complex injuries, especially head injuries, where the full effect only becomes clear after treatment and rehabilitation. Settling too early can undervalue a claim badly.
• Disputed liability, particularly at intersections, in multi-vehicle collisions, or where you may have been partly at fault.
• An unidentified driver, where everything rests on witness evidence and the police record.
• Incomplete documents. Missing hospital records or missing proof of income stall a file for months.
• A dispute over whether the injury is serious, which sends the question to a tribunal.
• Being self-employed, because proving lost income takes more work than handing over payslips.

What actually speeds it up

You cannot make the Fund move faster, but you can stop being the reason for the delay.

1. Lodge early. Do not wait until you have recovered.
2. Get your documents together properly the first time. A complete file is the single biggest time saver.
3. Attend every medico-legal appointment. A missed appointment can cost months to rebook.
4. Keep records of every expense, every day off work and every medical visit as you go.
5. Ask your attorney for a written update at fixed intervals and ask specifically what the next step is and who it is waiting on.
6. Tell your attorney immediately if your condition changes or you lose your job because of the injury.

Do not confuse slow with worthless

The length of the process is not a sign your claim is weak. It is how the system works. What matters is that you are inside the time limits, that your evidence is complete, and that you do not settle before the medical picture is stable.

For how the money is worked out at the end of all this, see How much is a RAF claim worth? and our RAF claim range calculator, which shows illustrative bands only and is not a prediction of your outcome. For the mechanics of lodging, see How to claim from the Road Accident Fund.

If you cannot afford advice, Legal Aid South Africa can be reached on 0800 110 110.