Quick answer
Prepare two connected packs. The first is the prescribed claim form, accompanying medical report and information needed for a legally effective lodgement. The second is the evidence that proves the accident, injuries, financial losses and claimant’s authority. Keep a complete copy of exactly what is sent and reliable proof of when and where the Road Accident Fund received it.
Key takeaways
- Prepare two connected packs. The first is the prescribed claim form, accompanying medical report and information needed for a legally effective lodgement. The second is the evidence that proves the accident, injuries, financial losses and claimant’s authority. Keep a complete copy of exactly what is sent and reliable proof of when and where the Road Accident Fund received it.
- Do not download a form and assume it is current. On 30 April 2026, the Supreme Court of Appeal confirmed that the more onerous RAF 1 form and document requirements introduced through Board Notices 271 and 302 of 2022 were invalid. The Court said the position reverts to the RAF 1 form under the 2008 Regulations until a lawful amendment is prescribed. That decision matters because the RAF’s public claim page and download can still display the 17-page 2022 form and its expanded list.
Check the form position before collecting the pack
The prescribed form is the statutory gateway to a RAF claim. Under section 24 of the Road Accident Fund Act, it must be completed in all its particulars. Give a clear reply to each question, write “not applicable” where appropriate, confirm uninitialled alterations with a signature, and give precise details for compensation claimed with supporting vouchers where applicable.
The April 2026 Supreme Court of Appeal judgment provides three immediate controls:
- verify that the RAF 1 version being used is the form operating under the 2008 Regulations;
- do not treat the additional documents in the invalid 2022 notices as an automatic legal threshold for every claim; and
- still gather the records that substantiate liability and each category of loss, because a valid form is not proof of the claim’s merits or amount.
There is also a time-sensitive court remedy. Claimants who tried to lodge under the 2022 notice or form but whose lodgement was declined or not acknowledged were given until 30 September 2026 to resubmit on the 2008 RAF 1 form. A successful resubmission may receive the benefit of the original attempted-lodgement date under the order. Anyone potentially affected should obtain matter-specific advice now rather than relying on a general checklist.
Build a claim control sheet
Put one page at the front of the file with:
- the injured or deceased person’s full name and identity details;
- the claimant’s name, capacity and authority;
- accident date, time and exact location;
- known driver, owner and vehicle details;
- SAPS station, accident report number and case or docket reference;
- first treatment date and every treating facility;
- each category of compensation being considered;
- whether the driver or owner is identified;
- every lodgement, objection, request and response date; and
- the person responsible for the next action.
Mark a fact as unknown rather than guessing. For each missing record, name its likely source and the date it was requested.
Identity and authority documents
Keep clear, secure copies of the claimant’s identity document or passport and the injured or deceased person’s identity record if different. Reconcile spelling, identity numbers and dates across the claim form, medical records, police report and employment evidence.
The correct authority depends on who claims and in what capacity. The file may need:
- a minor’s unabridged birth certificate and the parent or guardian’s identity record;
- a guardianship, curatorship or other court order;
- a Master’s appointment document where an estate representative acts;
- a power of attorney or mandate where a representative is instructed; and
- death, marriage, customary-marriage, maintenance or dependency records for a loss-of-support claim.
Do not let an unauthorised person sign merely because they hold the documents. Establish the claimant, representative and authority before the form is finalised.
Accident and liability records
Collect records that identify the occurrence, vehicles, people and possible witnesses:
- the official accident report, docket information and sketch plan where available;
- names and contact details of drivers, owners, passengers and independent witnesses;
- registration numbers, vehicle descriptions and insurer or operator details if known;
- photographs or video of the scene, road layout, signals, damage and relevant conditions;
- emergency-service, ambulance, towing and traffic-official records;
- location, journey, booking, fare, dash-camera or telematics records where lawfully available; and
- contemporaneous messages or notes explaining what happened and who supplied each record.
Preserve original digital files before editing or sharing them. Do not add annotations to the only copy of a photograph. Keep a working copy and record the source, original filename and date received.
If the driver or owner cannot be identified, do not assume the same prescription position applies. The 2008 Regulations contain a shorter lodgement period for unidentified-vehicle claims, and legal disability does not necessarily stop that period. Treat an unidentified or hit-and-run matter as urgent.
Medical report, treatment and injury evidence
Section 24 requires an accompanying medical report as part of the claim procedure. The prescribed form identifies who should complete the medical section. Arrange this through the treating medical practitioner or relevant hospital authority and check that the patient, accident, injury, treatment and practitioner details are consistent.
Create a medical index covering:
- ambulance, emergency-unit and admission records;
- clinical notes, diagnoses, imaging, operation notes and discharge summaries;
- GP, specialist, therapy, rehabilitation and pharmacy records;
- referrals, treatment plans, assistive devices and follow-up appointments;
- medical accounts, itemised invoices, receipts, medical-scheme statements and payment proof;
- pre-existing conditions relevant to causation or function; and
- a dated record of symptoms, recovery, work restrictions and daily limitations.
General damages for non-pecuniary loss use a separate serious-injury process under the 2008 Regulations. A medical practitioner completes the RAF 4 serious-injury assessment report. The regulations allow that report to be submitted separately after the claim in some circumstances, but still within the applicable lodgement period. Do not confuse the statutory medical report in the RAF 1 process with the RAF 4 assessment or assume that every injury qualifies as serious.
Income, work and business records
For past or future loss of earnings, gather the evidence needed to establish the person’s actual pre-accident position and the change caused by the injuries:
- employment contract, job description and employer contact details;
- payslips, payroll records, bank statements and tax returns;
- sick-leave, incapacity, occupational-health and return-to-work records;
- proof of reduced hours, missed shifts, changed duties or terminated work;
- qualifications, training, promotion history and credible career evidence;
- business accounts, invoices, contracts, bookings and tax records for self-employment; and
- Compensation Fund, disability, insurance or other benefit records where relevant.
Separate source documents from calculations. A loss schedule should show the date, description, gross amount, amount received from another source, claimed difference and the document that supports it. Label assumptions and estimates plainly.
Medical costs, care and other expenses
Use a schedule for every expense rather than a bag of receipts. Record the provider, service, date, invoice amount, amount paid, payer and proof reference. Include only costs connected to the accident and identify medical-scheme or other reimbursements.
Depending on the facts, the file may contain treatment, medication, transport, equipment, home adaptation, assistance and care records. Future needs require appropriate clinical and expert support; a personal estimate is not enough to establish future treatment or care.
Death, funeral and loss-of-support claims
Where the injured person died, separate the claimant and dependency evidence from the deceased person’s accident and medical file. Potential records include:
- death certificate, post-mortem, inquest or other causation material;
- the deceased person’s identity, employment, income and tax records;
- marriage, customary-marriage, birth, guardianship or maintenance records;
- evidence of the legal duty and actual pattern of support;
- the dependant’s age, education, income and circumstances; and
- itemised funeral invoices and proof of who paid them.
Do not assume every funeral cost or family relationship produces a compensable claim. The claimant’s legal standing, causation, dependency and proved loss require separate assessment.
Organise the evidence by claim issue
Create an index with one row per issue:
| Issue | Fact to prove | Source record | Status | Next action |
|---|---|---|---|---|
| Accident | When and where it occurred | SAPS report | Received | Verify vehicle details |
| Injury | Diagnosis and treatment | Hospital record | Partial | Request imaging report |
| Earnings | Pre- and post-accident income | Payslips and employer letter | Pending | Follow up with payroll |
| Medical cost | Service and payment | Invoice and receipt | Received | Reconcile medical-scheme payment |
Keep the form, medical report, supporting evidence, correspondence and proof of delivery in separate labelled sections. Record which version was reviewed and which exact version was lodged.
Lodgement and response evidence
The Road Accident Fund Act recognises prescribed delivery methods, and the 2008 Regulations identify the relevant RAF office by the accident location or the claimant’s residence. Current operational instructions and the legal delivery requirements should be reconciled before submission.
Retain:
- the final signed form and every attachment;
- a numbered submission index;
- registered-post, hand-delivery or other legally effective proof;
- the receiving office, recipient, tracking or reference details and date;
- any RAF acknowledgement, pre-assessment letter or objection; and
- every later request and the exact response sent.
Section 24 provides a 60-day period for the Fund to object to validity after the claim was sent by registered post or delivered by hand as contemplated in the Act. Do not ignore an objection or assume it is correct. Preserve the envelope, date, reasons, returned pack and the documents originally submitted, then obtain prompt advice on validity, correction, review and prescription.
When to get professional help quickly
Obtain current legal review promptly if:
- the accident or a previous attempted lodgement may be close to prescription;
- a claim was declined or not acknowledged under the 2022 notice or form;
- the driver or owner is unidentified;
- the claimant is a minor, under curatorship or acting for an estate or dependant;
- serious injury, substantial earnings loss, self-employment or future care is involved;
- the RAF objects to validity or returns the pack;
- facts in the police, medical and claimant records conflict; or
- a settlement, undertaking, release, summons or fee agreement requires a decision.
A claimant may approach the RAF directly or appoint a lawyer, but neither route guarantees acceptance or compensation. Verify the professional, obtain written scope and fee terms, use a secure document channel and keep control of the complete file.
FAQs
Which RAF 1 form should I use in 2026?
The Supreme Court of Appeal held on 30 April 2026 that the 2022 amended form and linked notice could not stand, and that the position reverted to the RAF 1 form under the 2008 Regulations until a lawful amendment is prescribed. Verify the form position immediately before lodging because a later lawful change is possible.
Is every document on the RAF website required for a valid lodgement?
Not necessarily. The 2026 judgment invalidated the 2022 attempt to make an expanded document set compulsory for validity. Section 24 still requires a properly completed prescribed form, accompanying medical report, precise compensation details and supporting vouchers where applicable. Additional records remain important to prove liability and loss.
What if the RAF rejected or did not acknowledge my earlier submission?
The April 2026 court order gives certain claimants whose attempted lodgement under the 2022 notice or form was declined or not acknowledged until 30 September 2026 to resubmit using the 2008 RAF 1 form. Eligibility for that remedy and the effect of resubmission require urgent matter-specific review.
Do I need a RAF 4 form for every injury claim?
No. RAF 4 is the serious-injury assessment report used for a general-damages claim under the serious-injury framework. It is distinct from the medical report that accompanies the RAF 1 claim. Whether and when it is needed depends on the damages claimed, medical position and applicable period.
What if I do not have all medical or income records yet?
Create a missing-record schedule and request them promptly, but do not allow the search for a perfect evidence pack to obscure prescription or the minimum requirements for effective lodgement. Obtain advice on what must accompany the form and what can lawfully follow.
How should I prove delivery to the RAF?
Keep the complete signed pack, attachment index and legally effective delivery evidence showing the office, method, date and receipt or tracking details. The delivery method must comply with the Act and current regulations; an ordinary email or informal handover should not be assumed sufficient.
Can I prepare a RAF claim without a lawyer?
The RAF permits direct claims, but the legal form, prescription, serious-injury, authority and loss issues can be complex. A lawyer is especially important where time is short, a lodgement was rejected, the driver is unidentified, the claimant lacks capacity or the loss is substantial or disputed.
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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.

