RAF law to change who can claim. What it means if you're in a crash

Transport Minister Barbara Creecy says the Road Accident Fund (RAF) law will be rewritten to spell out exactly who may claim. The plan is to remove the words "any person" from the Act and replace them with defined categories of claimants, she said in written replies to Parliament published on 19 October 2026.

Nothing has changed yet. No bill has been tabled, and until one is passed the current law applies to every crash.

Why is the RAF law being changed?

Section 17(1) of the RAF Act obliges the fund to compensate "any person" injured, or who lost a breadwinner, because of the negligent driving of a motor vehicle. In April 2026 the Supreme Court of Appeal ruled that this wording does not exclude undocumented foreign nationals, dismissing two RAF appeals with costs.

The RAF tried to take the case further. On 17 September 2026 the Constitutional Court refused leave to appeal, finding the matter did not engage its jurisdiction, Creecy told MPs. "The RAF is therefore obliged to implement the judgment while simultaneously assessing its operational, legal and financial impact," she said.

Her answer to the question of a gap in the law is the draft Road Accident Benefit Scheme (RABS), which would "clearly provide who is entitled to claim" by listing categories of claimants, according to the same reply. The replies do not say which categories will be included or excluded.

What else is in the planned changes?

The review is also aimed at the fund's money problems. Creecy listed high medical costs, litigation costs and lump sum payments as targets, and said falling fuel levy income as drivers move to alternative fuels is part of the picture (reply to MPs). The RAF is funded through the fuel levy.

On 6 October 2026 the Department of Transport's acting Director-General, Mokonyama Mathabatha, told Parliament's transport committee that amendments covering capped claims, rehabilitation, mediation and conciliation, and claims by foreign nationals are being finalised (Parliament). "The Act in its current form makes the scheme not sustainable," he said.

Does the RAF check nationality before paying?

No. Creecy said the fund does not compensate claimants based on nationality, race, citizenship or immigration status, and that its system does not record immigration status (reply to MPs).

It does check identity. Claimants must give valid identification and documents linking them to the accident and the loss. These are tested against the accident report, police and medical records and banking details, and suspicious claims can be sent to the RAF's forensic unit. A claim is not paid until identity, entitlement and banking details are verified, she said.

What does this mean if you're in a crash now?

Your rights are set by the law as it stands today. Under the RAF's own rules:

• Claims where the guilty driver or owner is known must be lodged within three years of the accident.
• Hit-and-run claims must be lodged within two years.
• All claims must be finalised within five years of the accident.

You claim on the RAF 1 form, with a medical report and supporting documents, and submit the original by hand or registered post at an RAF regional office. Emailed claim forms are not accepted (RAF claim forms). To claim general damages for pain and suffering, you also need a Serious Injury Assessment Report (RAF 4) (how to claim).

The RAF contact centre is on 087 820 1111, weekdays from 07:30 to 16:30, or [email protected] (RAF).

What happens next?

The department must finalise the amendments and table them in Parliament, where the transport committee will consider them. Reported will update this when the draft is released.