South Africa’s road accident victims face unprecedented delays in compensation as the Road Accident Fund (RAF) struggles with severe operational and financial crises, efficient claims processes should be in place to alleviate the burdens faced by the victims.
This is according to a leading lawyer and expert on RAF matters, Gert Nel from the personal injury firm Gert Nel Inc. He highlighted the urgent need for reform to support these vulnerable individuals, for often waiting for years before they are compensated.
Nel stressed the importance of settling claims outside of court wherever possible. Settlements, including compensation for medical costs, lost income, and general damages, provide a faster and less costly resolution for victims, Nel said.
According to him, the RAF frequently bypasses these opportunities, particularly in cases already on the court rolls. Nel recommended that the fund consider establishing a "settlement hub" staffed by experienced claims handlers, which could help reduce the backlog, alleviate court congestion, and lower legal costs for all involved.
“The recent Board Notice 271 requires accident victims to submit extra paperwork, including costly medical and official reports, to process their claims. This requirement hits financially vulnerable victims the hardest, as many cannot afford these documents, which are essential to prove their injuries and financial losses.”
Nel added that for those unable to secure this paperwork, claims are often delayed or even “prescribed”—meaning they are invalidated due to missed deadlines.
“Rather than streamlining access to compensation, Board Notice 271 has thus created further barriers, increasing financial and emotional strain on those already in hardship. Victims now face additional costs and delays that make it even more difficult to receive the compensation they urgently need, contradicting the RAF’s mission to support crash victims.”
The RAF has repeatedly blamed legal and medical professionals for delays in claim settlements, accusing them of unnecessarily prolonging the process.
However, the RAF’s current passive approach has not fully leveraged available remedies under the Act or adopted procedural safeguards to manage claims efficiently, resulting in increased litigation, Nel said.
According to him, in many cases, securing a trial date is the only way to compel the fund to address and settle cases.
“In fact, 99% of trial-allocated cases are eventually resolved before reaching trial, underscoring the RAF’s lack of proactive case management. We are still in court daily and have yet to encounter any meaningful attempt by the RAF to ‘develop a plan’ to settle directly and reduce the backlog on the trial rolls.”
Another problem raised by Nel is that the fund’s delays in addressing matters require medical professionals to repeatedly update reports as victims’ conditions evolve. This, he said, adds significant costs.
These delays in compensation negatively impact victims’ health and recovery, often postponing specialised treatments until it is too late.
Recent discussions with Parliament’s Standing Committee on Public Accounts (SCOPA) have highlighted the RAF’s worsening financial state, with over R500 billion in unpaid claims.
This financial strain is crippling the RAF’s ability to deliver fair compensation to crash victims, whose needs continue to be unmet, he said.
According to Nel, the RAF also frequently fails to send representatives to court, resulting in an increasing number of default judgments—which are court orders granted in the claimant’s favour, due to the RAF’s absence.
According to the Special Investigations Unit (SIU), these default judgments cost the RAF billions. Policies such as Board Notice 271, refusal to pay certain court-ordered expenses, and non-compliance with the 180-day payment deadline only compound the RAF’s challenges, adding to both the costs and difficulties victims face.
“Decision makers must recognise that, left unchecked, the RAF is collapsing under its own strain, creating an ever-growing backlog, while victims’ needs continue to be neglected.”
Victims like Ryan Aspeling, Johan Spies, Nicolaas Nel, and Jonas Wilson, represented by Gert Nel Inc., share heartbreaking stories of years spent waiting for compensation, enduring untreated injuries, and experiencing severe financial strain. Some have even lost their homes, others their livelihoods, and some have passed away while awaiting relief.
Data from legal professionals across the country show that these delays are widespread, with some victims waiting five to seven years for payment and some claims remaining unresolved indefinitely.
Nel urged the RAF to make meaningful changes like establishing a "settlement hub" and overhauling its claims process.
“This crisis requires more than a financial bailout; it demands a fundamental reform in the RAF’s approach to managing claims. Every day of delay comes at the cost of the very people the RAF is meant to protect,” Nel said.