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Prescription · RAF Act s 23(1)

Road Accident Fund claim, driver or owner identified

3 years. The claim must be lodged with the Fund within three years of the accident. Once lodged, summons must be served within five years of the accident (s 23(3)).

A debt that became due on Saturday 17 October 2026

Prescribes onWed 17 Oct 2029
Last safe day to serveTue 16 Oct 2029
Summons must be served on the Fund by (s 23(3))Thu 16 Oct 2031

This week's cliff: a debt of this kind that became due between 12 Oct 2023 and 16 Oct 2023 prescribes this week.

A working aid computed from the Act, not legal advice. Interruption, delay and a minor creditor change the date; the prescription calculator handles the minor case. Firms on AttorneyOS have every file's prescription date watched.

Questions

How long before this claim prescribes?

3 years from the day the debt became due, under RAF Act s 23(1). The claim must be lodged with the Fund within three years of the accident. Once lodged, summons must be served within five years of the accident (s 23(3)).

When is the last safe day to serve?

The day before the period ends. A debt that became due today prescribes on 17 October 2029; the last safe day is 16 October 2029.

What interrupts prescription?

Service of process claiming the debt, or an acknowledgement of liability by the debtor (Prescription Act ss 14 and 15). Running is also delayed while the creditor is a minor or under another impediment in s 13.

More: the rules library · this week in practice.