I need to prepare a RAF claim. What mistakes could delay the claim?

How to use this guide

Use a pre-lodgement control sheet and do not mark the task complete until prescription classification, form source, authority, attachments and delivery evidence have named owners.

Collapsing different prescription periods

For an ordinary adult claimant, the rules can be stated as three controls: where either driver or owner is identified, lodgement is normally within three years from the cause-of-action date; where neither is identified, the Regulations ordinarily provide two years; and after timeous lodgement, section 23(3) for identified-vehicle claims and regulation 2(4) for unidentified-vehicle claims ordinarily measure five years from that cause-of-action date. Section 23(2) and current case law require separate advice for minors and other legal disabilities. Do not use this summary universally or calculate five years from lodgement.

Record the accident date, driver and owner identification, every earlier submission, RAF response and claimant-capacity fact. Obtain a current calculation before waiting for treatment completion, final prognosis or expert reports.

Using a stale or legally uncertain form

The prescribed RAF 1 position and public operational instructions can change or be affected by court decisions. Verify the legally operative form, medical section, attachments, receiving office and delivery method immediately before submission. Record the official source and check date.

Do not copy a completed form from another claimant or force an answer into a field that does not fit. Use accurate facts, clear non-applicable entries and documented corrections. A more onerous checklist is not automatically the legal validity test, while supporting proof remains important to the merits.

Allowing identity and authority inconsistencies

Reconcile names, identity numbers, registration details, accident date, police reference and treatment information across every item. Identify the correct claimant and capacity. A parent, relative or file-holder is not automatically authorised to sign for a child, estate, dependant or adult without capacity.

Resolve spelling or date discrepancies through the source institution where possible and explain what remains. Silent alterations can create a larger credibility and validity problem than an openly documented error.

Confusing medical evidence functions

Clinical records establish treatment history. The claim procedure includes a medical-report requirement. RAF 4 addresses serious-injury assessment for general damages. Treating them as interchangeable can cause unnecessary expense or an incomplete submission.

Do not assume every injury needs RAF 4 or that a clinician who treated the patient is automatically the right person for every report. Define the report, discipline, purpose and current procedural timing before instruction.

Submitting loss totals without a source chain

Medical expenses should reconcile invoices, payments and reimbursements. Earnings loss should connect employment or business history to injury-related restrictions, actual receipts and supported future assumptions. Future care and earnings may require experts, but their opinions must rest on reliable facts.

Do not use an outdated annual RAF cap. Official adjustments are date-specific. Preserve the Gazette notice and legal date used in any earnings or support calculation.

Failing to prove lawful delivery

Keep the exact signed form, numbered attachment index, receipt, tracking, receiving office and every acknowledgment or objection. An ordinary email, screenshot, courier label or informal handover may not be enough to prove legally effective lodgement under the applicable framework.

If a pack is returned or not acknowledged, preserve the attempt and response. Do not simply resend a different version and discard the original history. Correction, validity and prescription require separate analysis.

Sending inconsistent follow-up responses

Use one correspondence log showing each request, responsible person, verified answer, attachments and proof of response. Several staff members sending different figures, medical descriptions or form versions can create contradictions that take longer to resolve.

Update source schedules and keep prior versions. Never backdate a document, recreate a signature or change an original record to make it fit the latest claim theory.

Do not let repeated follow-up create a second version of the claim. Use one approved response file for RAF requests, compare every new answer with the lodged form and source evidence, and explain genuine updates. Preserve unfavourable records and earlier calculations. Selective disclosure or unexplained changes can cause more delay than the original gap because every later statement may require reconciliation.

Maintain confidentiality while correcting the file. Send identity, medical and financial records through controlled channels, verify the recipient and record what was disclosed. Administrative urgency does not justify publishing private evidence or sharing a link that anyone can open.

Related RAF delay-control resources

• Detailed RAF documents guide: Review the wider form and document pack.
• RAF 1 form glossary: Understand the prescribed claim form.
• RAF lawyer preparation checklist: Organise the consultation file.
• RAF claim glossary: Understand the claim framework.

What process control cannot guarantee

Accurate preparation reduces avoidable delay but cannot establish negligent driving, causation, serious injury or compensation, and it cannot guarantee the RAF’s response time. Current legal advice is required where the vehicle is unidentified, a submission is disputed or any deadline may be near.

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