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Claims & compensation

Road Accident Fund, medical negligence, repudiated insurance claims, the Consumer Protection Act and delictual claims.

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Guides

How to claim from the Road Accident Fund

You claim by lodging a completed claim form and supporting documents with the Road Accident Fund. If the other driver was identified you generally have three years from the date of the accident. For a hit and run you have only two years.

5 min read · Reviewed 4 Sep 2026

My insurance claim was rejected. What can I do?

Ask for the rejection in writing with reasons, dispute it internally with the insurer, and if that fails take it free of charge to the National Financial Ombud Scheme. Watch the time limits in the rejection letter, because they are short.

5 min read · Reviewed 4 Sep 2026

How long does a RAF claim take?

Plan for years, not months. A simple RAF claim can settle in roughly one to two years, while a serious injury claim that goes to trial commonly runs three to five years or longer. Payment after settlement adds further months.

5 min read · Reviewed 4 Sep 2026

What is medical negligence and how do I prove it?

Medical negligence is care that falls below the standard of a reasonably competent practitioner and causes harm. To prove it you must show a duty of care, a breach of that standard, and that the breach caused your injury. That almost always needs independent expert evidence.

5 min read · Reviewed 4 Sep 2026

How does no-win-no-fee work in South Africa?

A no win no fee agreement means your attorney is only paid if your claim succeeds. The Contingency Fees Act caps the success fee at double the normal fee or 25% of the award, whichever is lower, excluding disbursements. The agreement must be in writing.

5 min read · Reviewed 4 Sep 2026

Can I claim if I was a passenger in a car accident?

Yes. Passengers can claim from the Road Accident Fund, including passengers in the vehicle that caused the accident. You generally have three years to lodge, or two years if the driver responsible was never identified.

5 min read · Reviewed 4 Sep 2026

How to complain to the Ombudsman for Short-Term Insurance

The Ombudsman for Short-Term Insurance no longer operates under that name. Short-term insurance complaints now go to the National Financial Ombud Scheme of South Africa, which is free. Complete the insurer's internal dispute process first, then lodge.

5 min read · Reviewed 4 Sep 2026

What is the Consumer Protection Act cooling-off period?

The Consumer Protection Act gives you five business days to cancel a purchase made through direct marketing, without a reason and without a penalty. It is not a general right to change your mind about anything you buy.

4 min read · Reviewed 4 Sep 2026

Can I sue for defamation on social media?

Yes. A post on Facebook, X, TikTok or a WhatsApp group can be defamatory in exactly the same way as anything printed. You must show the statement was published to someone else, that it refers to you, and that it harms your reputation.

5 min read · Reviewed 4 Sep 2026

How much is a RAF claim worth?

There is no standard amount. An RAF claim is built from your actual medical costs, your lost earnings and, only if your injury is assessed as serious, general damages for pain and suffering. Two people with the same injury can receive very different amounts.

5 min read · Reviewed 4 Sep 2026