Answer to a question from a reader

Can I claim from the Road Accident Fund if the accident happened in 2019?

The short answer

No. You have to lodge your claim with the RAF within three years if you know the driver, or two years if it was a hit-and-run.

The long answer

You have to lodge your claim with the RAF within three years, if you know who the driver and/or the owner of the vehicle was, and within two years, if it was a hit-and-run accident and you don’t know the identity of the driver and/or owner of the vehicle. 

The Law Society of South Africa (LSSA) says that after the claim is lodged, there is a waiting period of 120 days. After that, a summons can be issued within five years of the accident. LSSA says that if your claim is lodged late or the summons is not served in time, your claim will be “unenforceable”. 

So as your accident happened around five years ago, you have missed the deadline to lodge a claim. 

Wishing you the best,
Athalie

Answered on July 22, 2024, 4:06 p.m.

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Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.