Key Statutory Rules & Public Information
Received a direct settlement offer from the Road Accident Fund (RAF) without an attorney or actuary? Learn why South African courts warn against signing under-settlement discharges before an independent review.
- South African High Courts have repeatedly cautioned against unrepresented claimants accepting direct RAF settlement offers that have not been quantified by an independent industrial psychologist and actuary.
- Once you sign a final RAF discharge form, your claim is generally closed forever — even if your injury later prevents you from working or causes hundreds of thousands of rands in lost future earnings.
- Before signing any direct RAF offer, you have the right to ask an independent personal injury attorney (working with medico-legal experts and an actuary) to check whether loss of earning capacity and RAF 4 general damages were properly included.
Related Public Information Guides:
This is general information, not legal advice. Every case depends on its facts.
Who can claim from the Road Accident Fund?
Anyone injured in a road accident caused by a motor vehicle in South Africa, including passengers, pedestrians and cyclists. Family members who depended on someone killed in an accident may also claim.
How long do I have to claim from the RAF?
Generally 3 years from the date of the accident, or 2 years if the vehicle and driver weren't identified. Different rules can apply to children.
What counts as medical negligence?
When a doctor, nurse, clinic or hospital provides care below the expected standard and it causes harm, for example a mistake during surgery or birth, or a missed diagnosis.
Does it cost anything to use Ubulungisa?
No. The checker is free, and speaking to the attorney is free. Many claim attorneys work on a contingency basis, which they must explain to you in writing before you sign anything.
Will my information be shared?
Only if you ask to be contacted and give your consent. Then it goes to one independent attorney firm, and nobody else.
Important Legal Notice, Terms of Use & POPIA Privacy Notice
1. General Public Information Only (Not Legal or Actuarial Advice): Ubulungisa (ubulungisa.za@gmail.com) is an independent South African public information and referral platform. Ubulungisa is not a law firm, legal practitioner, or actuarial practice, and does not provide legal or actuarial advice under the Legal Practice Act 28 of 2014. All content and questionnaire outputs are general educational information based on publicly available South African statutes.
2. No Attorney-Client Relationship & No Interruption of Prescription: Using this website or submitting a callback request does not create an attorney-client relationship, does not lodge a claim with the Road Accident Fund (RAF) or any organ of state, and does not interrupt statutory prescription or notice time limits. Only a qualified attorney who has formally accepted your mandate in writing can advise on your specific deadlines and lodge a claim on your behalf.
3. Limitation of Liability: While care is taken to keep general statutory information accurate, every case turns on its own facts and legal exceptions. To the maximum extent permitted by South African law, Ubulungisa and its operator accept no liability for any loss, damage, or expired time limit arising from reliance on general information on this website.
4. POPIA Privacy Notice: Your answers stay in your browser unless you explicitly submit the callback form and tick both consent boxes. When you request a callback, your details are shared with a single independent South African attorney firm for the sole purpose of contacting you about your enquiry, and you may request deletion at any time by emailing ubulungisa.za@gmail.com.