Quick answer
After urgent medical care, work through four decisions in order: does the event potentially fall within the RAF injury scheme, which prescription rule may apply, what is needed for legally effective lodgement, and what evidence will prove injury and loss. The next step is not automatically “send everything” or “wait until recovery is complete”.
How to use this guide
Create a control sheet now and verify the current form and delivery position at action time. A claimant may approach the RAF directly or appoint a lawyer; neither route guarantees acceptance or compensation.
Confirm that the problem is an injury claim
The RAF Act addresses bodily injury or death caused by negligent or wrongful driving of a motor vehicle. Record who was injured, how the vehicle was involved, the driver and owner details and the conduct said to have caused the collision. Passenger status does not remove the need to prove the statutory requirements.
Vehicle repair, towing and replacement-car costs are not ordinary RAF bodily-injury benefits. Keep collision-damage evidence where it helps explain the event, but do not mix a property-damage demand into the injury claim without understanding the separate route.
Classify the deadline before choosing pace
Ask whether the driver or owner is identified. Where one is identified, the ordinary adult lodgement period is three years from the date the cause of action arose. Where neither can be identified, the 2008 Regulations ordinarily provide a two-year lodgement period. Classification must follow evidence, not a convenient label.
For the ordinary adult position, timeous lodgement does not create an unlimited period: section 23(3) measures five years from the date the cause of action arose, not five years after lodgement. Section 23(2) and current case law can change how prescription applies to minors and other persons under legal disability, so none of these numbers should be used for them without current advice. Record the accident date, identification facts, claimant status, prior submissions and every RAF response.
Create the minimum control file
Put these items on one page:
- claimant identity and capacity;
- accident date, location and police reference;
- known driver, owner and vehicle information;
- first treatment and every treating facility;
- current injuries, restrictions and care;
- work or income effect;
- likely missing records; and
- the earliest possible deadline and its source.
Mark unknown facts honestly. A lawyer or RAF official can work with a gaps list more safely than with guessed registration numbers, treatment dates or income figures.
Verify the current form and lodgement route
The claim process uses a prescribed form and medical information, but published forms and operational instructions can change or be affected by litigation. Confirm which form is legally operative, who must complete the medical section, which office or channel applies and which supporting items must accompany the submission.
Keep the exact signed form, every attachment, a numbered index and reliable proof of legally effective delivery. An informal email, upload or handover should not be assumed sufficient. If a pack is returned or not acknowledged, preserve all evidence of the attempt and seek prompt advice.
Build merits evidence while the claim progresses
Collect the police and accident material, witnesses, original photographs, medical records, expense proof and employment or business evidence. Separate documents required for procedure from wider evidence that establishes negligent driving, causation and loss. Continue updating treatment and work records rather than treating lodgement as the end of evidence collection.
For possible general damages, the serious-injury process may require RAF 4 assessment evidence. It is not required for every head of damage and should not be confused with the medical report associated with the claim form.
Decide when professional help adds value
Prompt advice is especially useful for an unidentified vehicle, child or represented claimant, death, serious or lasting injury, disputed facts, substantial income loss, self-employment, rejected lodgement, conflicting records or a proposed settlement. Ask for a staged first instruction focused on deadline, form and evidence gaps.
If you proceed directly, keep a complete file, verify instructions against official and current sources and record every contact. Do not sign a release, accept a final offer or allow a deadline to pass because the claim appears to be “in the system”.
After lodgement, maintain a status ledger rather than relying on telephone memory. Record the date, channel, person, reference, request, response due and document supplied for every contact. Keep objections and requests beside the exact submission they concern. Monitoring supports timely responses, but repeated follow-up does not cure an invalid lodgement or replace action required by a legal period.
What this pathway cannot decide
The sequence above cannot establish negligence, claim validity, serious injury, apportionment or damages. It also cannot calculate a deadline without the claimant’s facts and current law. Use it to control the next decision, while obtaining specific advice where time, capacity, evidence or the value of the claim creates material risk.
FAQs
What is the first step after treatment?
Create an accident control sheet with the date, location, vehicle and driver details, police reference, treating facilities, injuries and missing records.
Can I claim from the RAF for vehicle repairs?
The RAF injury scheme concerns bodily injury or death caused by negligent or wrongful driving. Vehicle-damage recovery follows a different route.
Can I submit directly to the RAF?
The RAF provides a direct-claim route, but current forms, prescription, authority, proof and delivery still need careful checking.
Does lodgement mean the claim has been accepted?
No. Proof of receipt shows submission, not a final decision on validity, liability, injury or compensation.
Related Lexuno paths
Related articles
Source notes
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.