26/02/2025
WHAT IS PRESCRIPTION?
āPrescriptionā refers to the time period one has within which to lodge a claim from the Road Accident Fund from the date of the accident.
Generally, a claim must be lodged within 2 years from the date of the accident. [s 23(1) of the Road Accident Fund Act 56, 1996]
If a claim has been lodged within the relevant time period (taking exceptions into account, if applicable), one then has an additional 2 years from the date of the accident to issue summons [s 23(3) of the Act] before the claim prescribes.
For example, using the general rule above, if the accident was on 1 January 2025 and you lodge the claim before 1 January 2028, you then have until 31 December 2031 to issue summons. If no summons is issued within that 5 years from the period, your claim prescribes.
If your claim is not lodged within the relevant time period it prescribes and your right to claim expires [s 23(1) of the Act].
EXCEPTIONS
1. MENTAL INCAPACITY
Prescription does not apply if a person is:
* ļ»æļ»ædetained as a patient, in terms of any mental health legislation [s 23(2)(b)], or
* ļ»æļ»æunder curatorship [s 23(2)(e)].
Additionally, if a person is neither under curatorship nor held as a patient but is mentally incapacitated and where this incapacitation same makes it impossible for them to bring the claim in time, prescription does not apply [Van Zy/ N.O. v Road Accident Fund (2021| ZACC 44].
2. MINORS
In the case of a minor, the 3 year period does not start running until the minor turns 18 [s 23(2)(a) of the Act]. This, provided no other exceptions apply.
For example, if a 10 year old minor was injured in an accident, you will have a total of 11 years within which to institute a claim. This being the 8 years until they turn 18 and the further 3 years from the date they turn 18.
3. HIT-AND-RUN
If the accident was caused by an unknown driver, a hit-and-run, the period within which to lodge a claim is 2 years from the date of the accident [s 17(1)(b) of the Act, read with regulations 2(3) and 3(b)(ii) of the Road Accident Fund Regulations in GNR 770 in GG 3 1249 of 21 July 2008].
This provided no other exceptions apply.
