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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