I got injured in a car accident in 2009. Can I still claim from the road accident fund?

The long answer

Unfortunately, it is indeed too late to claim from the RAF now. The Prescription Act of 1969 applies, which means that personal injury claims against the RAF prescribe (come to an end) three years after the date of the accident. After three years, the legal right to claim falls away completely. (If it was a hit-and-run, and the driver was unknown, a claim would have to be lodged within two years of the date of the accident.)  

Wade Theron Attorneys says that the Constitutional Court has confirmed that these time limits are “essential for the proper functioning of the system, as they ensure that claims are brought within a period where evidence is still available and reliable.”  

WadeTheron Attorneys say that the time period, which starts running from the date of the accident itself, “does not wait for a final diagnosis, full recovery, or completion of medical treatment.” 

In Truter v Deysel, the court confirmed that prescription begins when the facts giving rise to the claim are known, not when the full extent of the damage is known. This means that even if injuries get worse over time, as they have with your sister’s son’s leg, the three-year clock does not restart.

But Simpson Attorneys point out that if the injured person was under 18 at the time of the accident, the three-year clock only starts ticking when they turn 18.

WadeTheron Attorneys say that people are often confused about what it means to “lodge” a claim with the Road Accident Fund. Many people believe that reporting the accident, opening a police case, or receiving medical treatment is sufficient, but that is not correct. They say lodging a claim requires submitting official documents to the RAF, including a completed RAF claim form, supporting medical reports, and proof of expenses.

So is there anywhere you can turn to for help?

The one organisation that I could find that might be able to help is the RoadCover Care Foundation. It is a non-profit organisation that helps road accident victims to recover and go on with their lives after a road accident.

The RoadCover Care Foundation says that it exists “to help provide support where gaps in assistance leave vulnerable families to navigate recovery alone, providing practical support that restores dignity, promotes independence and helps create a path forward.”

“Every year, there are hundreds of genuine road accident victims who fall outside traditional compensation structures, yet still face life-changing injuries, financial hardship, and ongoing care needs. The RoadCover Care Foundation exists to help bridge that gap.”

They say that they assess every request carefully to make sure that support is directed where it can make the biggest difference. 

You can look at their medical support programs on the RoadCover Foundation Page.

These are their contact details:

General Enquiries

Tel: 0860 726 837

WhatsApp: 071 681 4224

Email: [email protected]

You could also apply for a SASSA Disability Grant if the injury causes a permanent, severe disability preventing you from working.

Wishing you the best,
Athalie