Road Accidents & Injury

If you were injured in a road accident, by a medical mistake or at work, you may be entitled to compensation. Strict deadlines apply, so this guide explains your options and the time limits for each.

Updated October 2026 · General information, not legal advice

In this guide

The key laws

What you'll need

Gather these before you take action or speak to a lawyer:

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Common questions

How long do I have to claim from the Road Accident Fund?

Generally three years from the date of the accident where the driver is identified, and two years for hit-and-run claims where the driver is unknown. Missing the deadline can end your claim.

Do I need a lawyer to claim from the RAF?

No, you can claim directly from the Road Accident Fund. Many people use an attorney because claims can be complex, especially for serious injuries.

What is a contingency fee?

An arrangement where your lawyer is paid only if you win. The law caps it at 25% of the amount awarded and no more than double the lawyer’s normal fees.

Can I sue a hospital for medical negligence?

Yes, if the care you received fell below the reasonable standard and caused you harm. These claims usually prescribe three years after you knew, or should have known, about the harm.

I was injured at work. Can I sue my employer?

Usually not. Workplace injuries are compensated through the Compensation Fund under COIDA, and your employer must report the injury.

When to see a lawyer

Speak to a personal injury lawyer early, especially for serious injuries, if a deadline is approaching, or if the RAF has rejected or under-settled your claim.

This guide is general information about South African law and is not legal advice. Laws and amounts change; check the latest position or speak to a qualified lawyer about your situation. Read our disclaimer.

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