Quick answer
Ask for a written, phase-based mandate covering deadline and form triage, records, lodgement, evidence development, serious-injury work if applicable, settlement and litigation. Then separate the lawyer’s professional fee from medical records, experts, counsel, travel and other disbursements. If a contingency arrangement is proposed, request the prescribed compliant agreement and an explanation of how its statutory limits operate in your case.
How to use this guide
Do not accept “we take 25%” or “no win, no fee” as a complete answer. The lawful fee depends on the agreement, work and statutory framework, and external costs may still exist.
Ask what the first phase will deliver
A defined first phase can identify prescription risk, driver status, claimant authority, the current form, evidence gaps and whether representation is proportionate. Ask which records are included, who will request missing material and what written output concludes the phase.
Later phases may involve lodgement, objections, medical evidence, RAF 4 serious-injury work, loss calculations, settlement or proceedings. They should require fresh authority rather than appearing as one inevitable path. Ask what finding could stop or narrow further work.
Understand the fee method
The engagement may use ordinary time-based, fixed, capped or staged fees, or a lawful contingency arrangement where appropriate. The Contingency Fees Act permits contingency fees only through its statutory framework and prescribed forms. Ask the lawyer to explain the normal fee, the success fee method, the statutory cap, VAT treatment and how the final calculation will be shown.
A percentage is not self-explanatory. Confirm what amount it applies to, whether benefits or undertakings are treated differently, and which expenses are deducted before or after the fee calculation. Keep the signed agreement and every later variation.
List disbursements by decision point
RAF claims can involve charges for clinical records, medical examinations, medico-legal experts, occupational or vocational evidence, actuarial calculations, counsel, court process, travel and document preparation. Ask which are expected now, which depend on later facts and who approves each appointment.
Clarify whether the firm advances any cost, whether the client remains liable if the claim fails or the mandate ends, and how refunds or recovered amounts are reconciled. “No fee” language should not be allowed to obscure third-party expenses.
Control settlement and client money
Record who may receive RAF communications, approve an offer, accept an undertaking, settle a category of loss or sign a release. Ask for the lawyer’s process for explaining deductions and providing a settlement statement before money is distributed.
Confirm where payments are received, how trust money is identified and when the client will receive an accounting. Through the Legal Practice Council’s official route, verify the practitioner and determine whether a Fidelity Fund Certificate is required; where it is, check that it is current rather than relying on a website badge or referral.
Ask what happens if the claim changes
An unidentified driver, rejected lodgement, disputed liability, serious-injury dispute, substantial future earnings issue or court process can expand the work. The mandate should state how the estimate changes, who must approve it and whether another specialist will be instructed.
Also ask what happens if the claimant changes lawyers or stops. The agreement should address file handover, expert accounts, outstanding dates, trust balances and any lawful fee claim without leaving prescription or a response period unattended.
Compare cost with the direct-claim option
The RAF publishes a route for claimants to approach it directly. Ask the lawyer what risk or work justifies representation in this particular matter. Complexity, unidentified vehicles, capacity, serious injury, earnings loss, disputed evidence or prior rejection may change that assessment.
Direct claiming does not guarantee acceptance or remove statutory requirements. Representation also does not guarantee compensation, speed or full cost recovery. Compare the service, controls and evidence plan rather than only the headline percentage.
Ask how expert decisions will be made before large disbursements arise. The mandate should identify who selects the discipline, the question the expert will answer, whether a records review or examination comes first and who approves supplementary work. Confirm what happens if an independent opinion is unfavourable or outside the expert’s field. A responsible stopping rule can protect the claimant from funding several reports that do not address the disputed issue.
Also request an example of the final settlement accounting without inserting assumed numbers. It should show the gross receipt, each authorised deduction, disbursements, VAT treatment, trust movements and net payment. Understanding that format at the outset is more useful than comparing firms on an unexplained percentage.
What a fee quote cannot promise
A quote or contingency agreement cannot guarantee outcome, duration, expert support, a costs order or the amount the claimant ultimately receives. New evidence and the RAF’s position can change the work. Use written assumptions, disbursement approvals and phase gates, and obtain independent advice if the fee calculation or settlement statement is unclear.
FAQs
Do all RAF lawyers charge 25 percent?
No. Fees depend on the lawful written arrangement. The Contingency Fees Act has specific requirements and limits; it is not a universal default tariff.
Does no win, no fee mean there can be no other costs?
Not necessarily. Ask separately about experts, medical records, counsel, travel and other disbursements, including what happens if the claim does not succeed.
Must I use a lawyer for a RAF claim?
The RAF provides a direct-claim route. Representation is a choice, and the claimant should compare complexity, deadline, evidence and cost.
Can the lawyer guarantee that the RAF will pay the legal fees?
No. Costs and reimbursement depend on the process and outcome, and a client should not assume the full attorney-client bill will be recovered.
Related Lexuno paths
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.