Can I Claim from the Road Accident Fund After 10 Years?

The Road Accident Fund (RAF) is a statutory body in South Africa that provides compensation to victims of road accidents caused by the negligence of others. However, RAF claims are subject to strict time limits, and failing to submit your claim within the prescribed period may result in disqualification. If you are wondering whether you can still claim from the RAF after 10 years, it is important to understand the legal timeframes and possible exceptions.

What Are the Time Limits for RAF Claims in South Africa?

The RAF Act specifies clear deadlines for lodging claims:

  • If the responsible driver is known, you have three years from the date of the accident to file your claim.
  • If the responsible driver is unknown (such as in hit-and-run cases), the claim must be submitted within two years.
  • If you are claiming for loss of support due to the death of a breadwinner, the deadline is also three years from the date of death.

Unfortunately, once these time limits have passed, your claim may be considered prescribed, meaning that the RAF is no longer legally obligated to compensate you.

Are There Any Exceptions to the Time Limits?

In most cases, claims submitted after the prescribed period will be rejected. However, there are a few rare exceptions where an extension may be granted:

  • If the claimant was a minor at the time of the accident, the three-year period only starts once they turn 18.
  • If the claimant was mentally incapacitated due to injuries sustained in the accident and unable to file a claim in time.
  • If there were exceptional circumstances beyond the claimant’s control that prevented them from submitting the claim within the stipulated timeframe.

Can a Lawyer Help if My Claim Is Late?

If you have exceeded the prescribed period but believe you have a valid reason for the delay, an experienced RAF attorney may be able to assist. A lawyer can:

  • Assess whether your claim qualifies for an exception.
  • Provide legal arguments and supporting documents to justify the delay.
  • Guide you through the appeals process if your claim has been rejected.

In most cases, you cannot claim from the RAF after 10 years, as claims are subject to strict time limits. However, exceptions may apply in rare circumstances, such as when the claimant was a minor or mentally incapacitated. If you believe you may still have a valid claim, consulting an RAF attorney is highly recommended to explore any possible legal avenues available to you.

For All your Road Accident requirements, get in touch with PM Attorneys today.