Who may claim
Can a passenger claim from the RAF?
In plain language
Passengers are often in a different position to drivers. This guide explains, in general terms, how passenger claims are usually approached.
- Passengers are a recognised category of road user in Road Accident Fund matters.
- The identity of the driver at fault does not necessarily determine whether a passenger may claim.
- The records available about the collision are usually important.
- Whether any particular matter succeeds depends on its own facts.
On this page
Who is treated as a passenger?
In everyday terms, a passenger is a person who was being conveyed in a vehicle at the time of a collision and who was not driving it. This includes people travelling in minibus taxis, buses, private cars, bakkies and vehicles used for work purposes.
The category is broad. A person does not stop being a passenger because they were travelling for free, because they were related to the driver, or because they were seated in the load area of a vehicle. What matters in practice is the role the person occupied at the time of the incident.
- A commuter in a minibus taxi or bus
- A person receiving a lift from a friend, relative or colleague
- A passenger in a vehicle owned by an employer
- A person conveyed in a vehicle that later left the scene
Why passenger matters are often treated differently
Drivers and passengers are usually in different positions because a driver may have contributed to how a collision occurred, while a passenger generally has no control over the vehicle. This distinction is one of the reasons passenger matters are frequently discussed separately.
This does not mean that every passenger matter proceeds in the same way, or that a passenger matter is automatically straightforward. The available information about the collision, and who was involved, still shapes what is possible.
Information that is usually relevant
Most RAF matters rely on records created around the time of the collision. Where those records exist, the position is generally easier to establish. Where they do not, additional steps are usually needed.
Details about the incident
- The date, approximate time and place of the collision
- The vehicles involved and, where known, their registration details
- Whether the incident was reported and whether a case reference exists
- The names or contact details of anyone who saw what happened
Records held by institutions
Records are usually held by the police station and healthcare facility involved in the matter. You may need to obtain records from those institutions. Confirm the correct institution and its current requirements before visiting.
If the driver or vehicle cannot be identified
Passengers are sometimes injured in incidents where the vehicle responsible left the scene. These matters are commonly discussed as hit-and-run situations, and different details tend to become important, particularly whether the incident was reported.
Common misunderstandings
- That a passenger cannot claim because they were not paying for the trip. Payment is not what defines the passenger category.
- That nothing can be done because the driver was a family member. The relationship between the parties does not, on its own, decide the position.
- That an RAF matter is the same as an insurance claim. They are different processes with different requirements.
- That a claim is only possible if the vehicle was insured. The Road Accident Fund is a separate national framework.
Example scenarios
These are illustrative examples only. They do not describe real people and do not predict any outcome.
A commuter in a minibus taxi
A person travelling to work is injured when the taxi they are travelling in is involved in a collision with another vehicle. Information about passenger claims is likely to be relevant, and the police case reference and healthcare records usually matter.
A lift from a colleague
A person receives a lift home and is injured when the vehicle leaves the road. Being a passenger in a private vehicle, and knowing the driver, does not by itself remove the possibility of a claim.
A passenger in an incident where the other vehicle left
A passenger is injured when another vehicle collides with the one they are in and drives away. Hit-and-run information is likely to be relevant in addition to passenger information.
General next steps
- 1Write down what you remember about the date, time, route and vehicles involved.
- 2Confirm whether the incident was reported and whether a case reference exists.
- 3Read the guide on documents that may be needed so you know which records to request.
- 4Consider obtaining professional advice about your specific circumstances.
Common questions
Official sources
RAF Guide summarises publicly available official material. Links to the specific official sources used for this guide are added as each guide is reviewed. Always confirm current requirements with the institution concerned.
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