I was supposed to received R600,000 from RAF after a car accident, I only received R31,000. What should I do?

The long answer

Perhaps we should start by looking at what has been going on in the RAF, to better understand your situation:

The RAF has been in a very bad financial state for some years now. In November 2025, the RAF’s debts were more than R518-billion, while their assets were R33-billion.

A 2024 article by Pather & Pather Attorneys says that the following things added to the RAF’s difficulties:

• Very high accident rates have overwhelmed the RAF, leading to long delays and under-compensation. 

• Fraud and corruption within the RAF drains its resources. (A number of RAF executives, including its CEO, Collin Letsoalo, are currently suspended, while investigations continue.)

• Poor and inefficient administration in the RAF often leads to victims waiting for years for compensation.

The RAF had proposed an RAF Amendment Bill to turn the RAF around, but it was fiercely opposed and, in March 2025, it was withdrawn by the Department of Transport. 

In its place, the Road Accident Benefit Scheme (RABS) Bill has been put forward, but has not yet been adopted into law. This RABS Bill was introduced in 2017 but was rejected by Parliament in 2020. Now, five years later, the RABS is being revived as the Transport Ministry’s solution to the unending problems of the RAF.

But right now, the RAF structure is still in place. Pather & Pather Attorneys explains can claim RAF payments:

• Drivers who were not solely responsible for the accident

• Passengers in private or public motor vehicles

• Pedestrians struck by motor vehicles

• Cyclists and other lawful road users

• Dependents of individuals who were fatally injured in road accidents, such as spouses and children.

A driver who is the sole cause of the accident due to reckless or drunk driving would generally not be able to claim compensation.

Pather & Pather further explains that an RAF claim basically rests on two things:

1. Liability: this addresses the cause of the accident

2. Quantum: this looks at the extent of financial loss or damages suffered.

Liability is whether and to what extent another person's careless driving contributed to the collision. If a claimant is found to be partially at fault for the accident, the RAF may lower their compensation.

For example, they claim that a pedestrian who crosses a road in an unlawful manner and is struck by a fast vehicle may be considered partially accountable. If the pedestrian is deemed to be 40% at fault and the overall losses amount to R1-million, the RAF will only pay R600,000, representing the 60% liability of the driver.

Quantum refers to the money value of the losses experienced by the claimant. This covers pain and suffering, medical costs and lost wages. The RAF will rely extensively on supporting evidence and expert evaluations. 

DSC Attorneys indicate that medical damages can include both past and future medical costs coming as a direct result of a traffic accident. In 2023, the average claim for medical compensation was R39,030.

Pather & Pather adds that the RAF often disputes the severity of injuries or the level of financial loss. This makes it necessary for a claimant to have expert proof, for example:.

• Orthopaedic surgeons, neurologists, and psychologists for physical and psychological injuries

• Industrial psychologists to assess how the injuries may affect the claimant's ability to work 

• Occupational therapists to assess how the injuries impact the claimant’s daily life 

• Actuaries to calculate the life-long financial impact of the injuries, taking into account inflation, age, etc. 

PM Attorneys says that the RAF calculates loss of income based on your salary before the accident and the extent of your injury or disability. But the RAF only covers 70% of the actual loss of income, and the amount they pay is capped according to law, currently about R340,000 per year. 

So where does this leave you, with your expected R600,000 reduced to R31,000?

It may be that the RAF found that you were partially to blame for the accident (contributory negligence), and there may have been legal limitations or caps on certain types of damages like loss of income.

The R600,000 may have been an initial uncapped assessment of total damages, which was then reduced. For example, if the RAF assessed you as being 95% at fault for the accident, the R600,000 offer would be reduced by that percentage, resulting in a payout of R30,000.

Compensation for pain and suffering is only paid if the injury is assessed as “serious” according to the American Medical Association Guides to the Evaluation of Permanent Impairment (AMA Guides). It may have been that a later formal medical assessment did not meet the “serious” AMA Guides threshold, even though you spent three months in hospital.

You should ask the RAF for a detailed breakdown of how the R31,000 figure was calculated, including the specific reasons for reducing the original R600,000.

You should also get legal advice from a personal injury lawyer to find out if the RAF’s calculation of R31,000 is correct or not. It is well known that the RAF often tries to under-settle claims, particularly when a claimant is not represented by an experienced personal injury attorney.

You could approach Legal Aid for help. It is a means-tested government organisation that must assist people who can’t afford a lawyer. Legal Aid could also recommend personal injury lawyers if this is necessary.

These are their contact details:

• Legal Aid

Email: communications2@legal-aid.co.za

Tel: 0800 110 110 (Monday to Friday from 7am to 7pm) 

Please-call-me: 079 835 7179  

Wishing you the best,
Athalie