Why clients choose us
No win, no fee
If your claim does not succeed, you do not pay us a fee. You pay nothing upfront.
A medium-sized firm
Big enough to matter, small enough to care. Your claim is handled personally by our directors, from the first consultation to the final payment.
Specialists
We specialise in personal injury law and Road Accident Fund claims. We know the process, the deadlines and how the Fund works.
Your RAF attorneys
Between them, our directors bring more than three decades of RAF experience to every matter.
Jacques has practised Road Accident Fund law since 2007. He completed his BCom Law at the Rand Afrikaans University (now the University of Johannesburg) and his LLB through UNISA.
Guillaume has practised Road Accident Fund law since 2010. He completed both his BCom Law and his LLB at the University of Johannesburg.
Who can claim from the Road Accident Fund?
Even if you were partly to blame, you may still have a claim.
You may be able to claim if you were injured in a motor vehicle accident in South Africa and the accident was not entirely your own fault. If you were partly to blame, your compensation may be reduced, but you do not necessarily lose your claim.
- DriversIf another driver caused the accident wholly or partly
- PassengersIf you were in any vehicle, including a taxi or bus
- PedestriansIf you were hit by a vehicle
- Cyclists and motorcyclistsIf a motor vehicle was involved and you were not the sole cause
- DependantsIf you are a dependant of someone who died in a road accident, such as a spouse or child
- Whoever paid the funeral costsIf you paid for a funeral after a fatal accident
- Parents or guardiansIf you are claiming on behalf of an injured child
- Hit-and-run victimsIf the driver is unknown you can still claim, but different time limits apply
What is the Road Accident Fund?
You claim from the Fund, not from the driver.
The Road Accident Fund (RAF) is a state entity established under the Road Accident Fund Act 56 of 1996. It compensates people injured in motor vehicle accidents in South Africa, as well as the dependants of people killed in such accidents.
The Fund is financed mainly through a levy on fuel. Every time someone buys petrol or diesel, part of the price goes to the RAF.
The RAF steps into the shoes of the negligent driver. This means you do not claim from the driver who caused the accident, but from the Fund. It only compensates for bodily injury and death, not for damage to vehicles or property.
Bierman Smit Inc. is not the RAF. We are an independent firm of attorneys that help injured people bring their claims against the Fund.
What you can claim from the RAF
A claim aims to put you, as far as possible, back where you would have been financially.
Depending on your circumstances, you may claim for the following.
Past medical expenses
Hospital, doctor, ambulance and other costs already incurred.
Future medical expenses
Treatment you will still need, usually covered by a section 17(4)(a) undertaking.
Loss of earnings
Income you have lost and will lose in future or reduced earning capacity.
Subject to an annual maximum that is regularly adjusted for inflation.
General damages
Pain and suffering, disfigurement and loss of enjoyment of life, only for a serious injury.
A doctor assesses this in a RAF4 serious injury report, either as a 30% whole person impairment or under the so-called narrative test.
Loss of support
For dependants of a breadwinner who died.
Subject to an annual maximum that is regularly adjusted for inflation.
Funeral expenses
Reasonable costs of the burial or cremation.
Does not include tombstones, flowers or catering.
The RAF does not cover damage to vehicles or property.
RAF claim time limits
If a deadline passes, the claim can no longer be brought.
These deadlines do not run against minors, persons under curatorship or persons detained because of mental illness.
If the driver or owner is identified
After the accident, to lodge the claim when the driver or owner is identified.
If it was a hit-and-run
After the accident, to lodge the claim after a hit-and-run when the driver is unknown.
For summons to be served
After the accident, for summons to be served. After lodging, there is a waiting period of 120 days before summons may be issued.
Our advice is to start as soon as possible. Witnesses become harder to trace. Medical records and other evidence also become harder to obtain the longer you wait.
Documents and information for your RAF claim
You do not have to gather everything yourself. We help with that.
But the more of the following you have, the sooner we can start.
About the accident
- SAPS case number and the name of the police station
- Date, time and place of the accident
- Names and contact details of witnesses, traffic officers and emergency personnel
- Details of the other driver, including name, address, phone number, ID number and registration number
- Photos of the scene, the vehicles and visible injuries
About you
- Copy of your ID document, plus a birth certificate if a child is involved
- Proof of income, such as payslips for at least 3 months before the accident, plus your employer's details
- Matric certificate and any other educational or training certificates and degrees
- Medical aid details
About your injuries and costs
- Names of all doctors, hospitals and other healthcare providers
- Itemised accounts for medical and funeral costs
Keep a folder. Store every account, receipt and document related to the accident in it.
At the accident scene, if you can. Take photos of the position of and damage to the vehicles, get as many details as possible of the other driver and witnesses and note the names of police or traffic officers.
How to claim from the RAF, step by step
A claim can take a few years. We keep you informed at every step.
How long depends on the RAF and the backlogs at the courts.
First contact
You call, WhatsApp or complete our online form. We do a preliminary assessment, usually within 24 hours.
Consultation
We listen to your story, assess how strong your claim is and explain what you can expect. You then decide whether you want to appoint us.
Preparation
We gather the required documents, including the RAF1 claim form, medical reports, the sworn statement on how the accident happened and proof of losses.
Lodging with the RAF
We lodge the complete claim. The RAF then has 120 days to investigate the claim or make an offer.
Summons, if needed
If the RAF does not respond within 120 days or an offer is too low, we issue summons. This stops your claim from running out of time.
Medico-legal assessments
Experts, such as an orthopaedic surgeon, neurologist, industrial psychologist or actuary, assess your injuries and their financial impact. We arrange your appointments.
Negotiation or trial
We negotiate with the RAF. We explain every offer to you before anything is accepted. If a fair settlement is not possible, the matter goes to court.
Payment
After settlement or a court order, the RAF pays the capital, plus a contribution towards legal costs. It aims to pay in about 180 days. We pay you out and give you a full statement of account.
Undertaking for future medical costs
Where applicable, you receive a section 17(4)(a) undertaking that lets you recover future accident-related medical costs from the RAF.
No win, no fee on RAF claims
We handle RAF claims on a no win, no fee basis in terms of the Contingency Fees Act 66 of 1997.
The legal maximum, if the claim succeeds
25%Our success fee may by law not exceed 25% of the capital amount, the money you are awarded, nor be more than double our normal fee. The lesser of the two will be applicable.
- You pay nothing upfront. We pay the costs of expert reports, court fees and other expenses on your behalf while the claim runs.
- If the claim does not succeed, you do not pay us a fee.
- The RAF usually also pays a contribution towards your legal costs (party-and-party costs) and disbursements, such as expert reports. This covers a portion of the fee deducted from your claim.
- Everything is set out upfront in a written contingency fee agreement. You receive a full statement of account on payment.
- You receive copies of all documents you sign, for full transparency.
Frequently asked questions about RAF claims
Can I claim from the RAF without an attorney?
Yes, but a claim is technical, with strict deadlines and expert evidence. The RAF does not have to tell you if you are claiming too little.
How long do I have to claim?
Usually 3 years from the accident or 2 years if the other driver is unknown. Start as soon as possible. These deadlines do not run against minors, persons under curatorship or persons detained because of mental illness.
What if I was partly to blame?
You can still claim. Your compensation may be reduced in proportion to your own share of the blame.
What does it cost?
We work on a no win, no fee basis. If your claim does not succeed, you do not pay us a fee. Our success fee may by law not exceed 25% of the capital amount, the money you are awarded, nor be more than double our normal fee. The lesser of the two will be applicable.
How long does a claim take?
It varies. Many claims take a few years because of backlogs at the RAF and the courts. After settlement, payment often takes about six months.
What if the other driver drove off?
You can still claim, but the claim must be lodged within 2 years. Report the accident to the police as soon as possible.
Can I sue the driver who caused the accident directly?
No. For bodily injury you must claim from the RAF, not from the driver.
When is a driver regarded as identified?
When the driver's name and surname, and the registration number of the vehicle they were driving, are known.
Do I need a 30% whole person impairment to claim general damages?
No. An injury can also qualify as serious under the narrative test.
What is a section 17(4)(a) undertaking?
A certificate from the RAF that lets you recover future medical costs related to the accident. You pay first and then submit the account to the RAF. If your claim was reduced because you were partly to blame, for example to 50%, only that percentage is refunded.
Is the RAF bankrupt? Will I be paid?
The RAF has serious financial problems and payments are often delayed. It is, however, a statutory state fund. If it does not pay, we can take steps to enforce payment.
Does the accident have to happen on a national road?
No. Anywhere in South Africa counts, as long as a motor vehicle was involved.
Contact us for a free assessment of your RAF claim.
We do a preliminary assessment, usually within 24 hours. You then decide whether you want to appoint us.