Photo: AshBoar, Wikimedia Commons, CC BY-SA 4.0RAF death claims
Loss of support and funeral costs after a road death
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Loss of support: who can claim, and how it is calculated
A loss-of-support claim arises when a breadwinner, or a person with a legal duty to support a dependant, is killed because of the negligent driving of a motor vehicle (RAF, loss of support). The dependant claims the proven past and future loss of support:
- Past loss of support — from the date of the accident to the date of calculation;
- Future loss of support — from the date of calculation to the date when the duty to support would have ended.
The RAF says the claim rests on the legal duty the deceased owed the dependant, and aims to put dependants in the position they would have been in had the death not occurred. The loss is capped: R390 664 a year in respect of each deceased breadwinner for accidents from 31 July 2026 (Board Notice 967 of 2026; RAF Act s 17(4)(c)(ii)). The cap is adjusted quarterly; the one in force before the accident date applies.
Funeral or cremation costs: what the RAF pays and what it never pays
Section 18(4) of the RAF Act limits funeral compensation to "the necessary actual costs to cremate the deceased or to inter him or her in a grave". The RAF's funeral expenses FAQs list what that means:
| Covered | Not covered (among others) |
|---|---|
| Transport of the body | Catering |
| Coffin or burial shroud | Flowers |
| Preparation of the body, including embalming | Tombstone |
| Storage of the body | Family transport |
| Issuing of the death certificate | Funeral programmes |
| Burial or cremation; grave fees; cremation fees | All-night vigil expenses |
| Hire of equipment to lower the coffin | Hire of chairs, tents and toilets |
Who may claim: the executor of the deceased estate, the heirs, or a member of the immediate family (such as a spouse, parent or child) who had a legal duty to pay and actually incurred the funeral costs (RAF, funeral expenses). The family may choose any undertaker; it pays first and claims afterwards, with the tax invoice and proof of payment (RAF FAQs).
The RAF reimburses only the necessary costs, after investigating the claim (RAF FAQs). A private funeral policy is a separate contract with your insurer.
Documents for an RAF death claim
From the RAF's how to claim page:
Every death claim
- the RAF 1 claim form (with the statutory medical report and hospital records only if the person did not die at the scene);
- the amount claimed;
- certified copies of the claimant's, the dependants' and the deceased's IDs, and of the death certificate;
- the police accident report (docket) and sketch plan;
- an affidavit on how the accident happened (s 19(f));
- the post-mortem, inquest report or charge sheet proving that the death resulted from the collision (s 24(2)(b) of the Act);
- a court order or Master's letter of appointment if a curator claims for a minor; a power of attorney and contingency fee agreement if a lawyer acts for you.
Loss of support, in addition
- marriage certificate, proof of customary marriage or unabridged birth certificates — or, if not married, an affidavit setting out the legal basis of the dependency;
- the deceased's employer's certificate (employment, pay, prospects, retirement age), payslips and tax records (or a SARS letter and three years of bank statements);
- any maintenance order; the liquidation and distribution account if applicable; proof of guardianship; proof of school or study registration of dependants;
- an actuarial report, and details of any payments from the Compensation Commissioner, Rand Mutual, the police or the defence force.
Funeral costs, in addition
- the tax invoice for the funeral (the "specified voucher") and proof of payment;
- proof of relationship to the deceased (marriage certificate, unabridged birth certificate or affidavit).
Deadlines and the next steps
The same deadlines apply as for injury claims: 3 years from the accident when the driver or owner is identified, 2 years for a hit-and-run, and settlement or summons within 5 years (RAF Act s 23). Time does not run against a minor. Details: Road Accident Fund claims.
Once lodged, follow the claim with the RAF contact centre: check an RAF claim status. If the deceased was killed at work (for example a driver on duty), compensation may also be due from the Compensation Fund: see COIDA. The family of a contributor to the UIF may also claim the UIF dependant's benefit within 18 months: see UIF claims.
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Frequently asked questions
How much does the RAF pay for a death?
There is no fixed death payout. The RAF pays the proven loss of support of the dependants, capped at R390 664 a year per deceased breadwinner for accidents from 31 July 2026, plus the necessary actual cost of the funeral or cremation.
Who can claim loss of support from the RAF?
A person the deceased had a legal duty to support — typically a spouse (including by customary marriage) and children; others must show the legal basis of the dependency, for example in an affidavit.
Does the RAF pay for a tombstone or catering?
No. The RAF's funeral FAQs exclude catering, flowers, the tombstone, family transport, programmes, vigil costs and the hire of chairs, tents and toilets. It pays transport and storage of the body, the coffin, embalming, the death certificate, burial or cremation and grave or cremation fees.
Who can claim RAF funeral costs?
The executor of the estate, the heirs, or an immediate family member who had a legal duty to pay and actually paid for the funeral or cremation. The claimant pays first and claims with the invoice and proof of payment.
Does the RAF pay for the death of a person who caused the accident?
The RAF compensates loss caused by the negligence of a driver or owner. A driver who was the sole cause of the accident cannot claim for his or her own injuries (RAF FAQs); a claim for that driver's dependants turns on whether another driver was negligent.
Sources
- Road Accident Fund — Loss of support (archived copy of 5 December 2025)
- Road Accident Fund — Funeral or cremation expenses (archived copy of 13 February 2026)
- Road Accident Fund — Funeral expenses FAQs: who may claim, what is and is not covered (archived copy of 17 January 2026)
- Road Accident Fund — How to claim: documents, RAF 1 and RAF 4, 'Drive your claim forward' (archived copy of 22 April 2026; menu links to the RAF Self Service Portal and RAF Chatbot)
- Road Accident Fund Act 56 of 1996, consolidated text (LawLibrary / Laws.Africa): ss 17, 18(4), 19, 23, 24 and 26
- Government Gazette 55097, 31 July 2026 — Board Notice 967 of 2026, RAF adjustment of statutory limit for loss of income and loss of support (R390 664)
- Road Accident Fund — Claims FAQs (archived copy of 17 January 2026)