Can I Claim from the Road Accident Fund After 20 Years?

The Road Accident Fund (RAF) in South Africa provides compensation for victims of road accidents caused by the negligence of others. However, RAF claims are governed by strict time limitations. If you are wondering whether you can claim from the RAF after 20 years, it is crucial to understand the legal framework surrounding claim prescription and possible exceptions.

What Are the Time Limits for RAF Claims?

According to the RAF Act, there are specific 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.

Once these time limits have passed, the claim is considered prescribed, meaning the RAF is no longer legally obligated to compensate the claimant.

Can I Claim From The Road Accident Fund After 20 Years?

In most cases, the answer is no. The RAF strictly enforces these time limits, and a claim submitted 20 years after the accident will almost certainly be rejected. However, there are rare exceptions:

  • 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 extraordinary circumstances preventing the claimant from filing within the prescribed time, though these are rarely accepted.

What Should I Do If My Claim Is Late?

If you believe you still have a valid reason for a delayed claim, consulting an experienced RAF attorney is your best course of action. A lawyer can:

  • Assess whether you qualify for any exceptions.
  • Provide legal arguments and supporting documents to justify the delay.
  • Guide you through any appeals process if the claim has been rejected.

In general, you cannot claim from the RAF after 20 years, as claims are subject to strict legal time limits. However, if exceptional circumstances apply, legal assistance may help explore any possible options. If you have concerns about a late claim, seeking professional legal advice is crucial to determine your next steps.

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