How to Claim from the Road Accident Fund (RAF)

How to Claim from the Road Accident Fund (RAF) — Your Guide

At SSI Attorneys, we help you navigate every step of your RAF claim. Below is a simplified roadmap of how the process works and how we assist you.

Who Can Claim

You may be eligible to claim from the RAF if:

You were injured in a road accident (as a driver, passenger, pedestrian, or cyclist) and your injury resulted, at least in part, from another party’s negligence.
You are a dependent of someone who passed away in a road accident (spouse, child, or someone financially dependent on the deceased).
You paid funeral expenses related to a deceased in an accident.
A guardian or curator may act on behalf of minors or persons lacking capacity.

Note: You cannot claim if you were the sole cause of the accident.

What You Can Claim For

When your claim succeeds, you may recover:

Medical and rehabilitation costs (past and future)
Loss of earnings or diminished earning capacity
General damages (pain, suffering, loss of quality of life) — when a “serious injury” threshold is met
Funeral expenses (in the case of death)
Loss of support for dependents of a deceased person

These are commonly referred to as the different “heads of damage.”

Time Limits You Must Watch out for

Strict deadlines apply. Missing them may cause your claim to prescribe (i.e. lost forever):

Type of Claim	Time Limit
Known driver	Within 3 years from date of accident
Hit-and-run / unknown driver	Within 2 years from date of accident
Issuing a summons (court litigation)	Within 5 years from date of accident

In special cases e.g. minors, exceptions may apply.

Step-by-Step: How the RAF Claim Process Works

Below is an overview. We handle each of these steps for you, or guide you closely.

Stage	What Happens	How We Help
1. Gather evidence & documents	Collect police report, witness statements, medical records, income proof, identity documents, etc.	We assist in obtaining, verifying, and organizing all required documentation.
2. Complete RAF forms	Essential forms include RAF 1 (the claim form), and RAF 4 (serious injury assessment) when claiming general damages.	We prepare and review your forms to ensure accuracy and completeness.
3. Lodge / submit the claim	Lodging forms and all supporting documents to the RAF. The RAF registers your claim.	We lodge the claim on your behalf and follow up with RAF.
4. RAF investigation / assessment	By law, RAF has 120 days to respond, request further documentation, or object. In practice, delays are common.	We manage all liaison, track deadlines, supply additional documents if requested, and handle objections.
5. Settlement negotiations or litigation	If RAF accepts liability, a settlement may be offered. If not, or if no response, your attorney can issue a summons to compel RAF to respond in court.	We negotiate or litigate on your behalf, obtain expert reports, and represent you in court.
6. Final payment	Once settlement is agreed or a court judgment is obtained, RAF pays the award. Delays may occur; interest may be claimed.	We ensure the execution of payments and monitor for proper interest and compliance.

Important: It is common for RAF claims to take months or even years to resolve.

Why You Need Expert Legal Help

The RAF process is highly technical, with strict procedural and evidentiary requirements.
Mistakes, missing documents, or missed deadlines often lead to claims being delayed or rejected.
An experienced attorney can assess whether your injury qualifies for general damages (serious injury), optimize quantum (amount claimed), engage expert medical and financial witnesses, and advocate strongly during negotiation or trial.
We understand the peculiarities and delays linked to state institutions like the RAF and know practical strategies to keep your claim moving forward.

Next Steps If You Want Us to Assist You

Contact us for a free consultation.
We’ll assess your case, explain your prospects, and provide a fee estimate (on a contingency better known as “no-win, no-fee” basis).
If you engage us, we’ll take over all administrative, medical, legal, and court work — keeping you informed every step of the way.