- The Supreme Court of Appeal has found that new RAF claim rules have made it more difficult for crash victims to receive compensation.
- The court found that extra paperwork and stricter filing rules created serious challenges for people trying to make valid claims.
- The ruling brings back the 2008 RAF 1 form and gives claimants until 30 September 2026 to resubmit their claims.
The Supreme Court of Appeal has ruled that stricter Road Accident Fund (RAF) claim rules made it harder for crash victims to get compensation.
The court dismissed an appeal by the RAF and its leadership, confirming that the tougher filing requirements brought in during 2022 unfairly raised the bar for making valid claims.
The dispute focused on Board Notice 271 of 2022 and a revised RAF 1 claim form, both of which made claimants submit more documents and information before their claims would even be considered.
Judge CE Heaton Nicholls wrote that the new RAF 1 form put real obstacles in the way of accident victims by demanding more from them. Judge Nicholls called the claim form the legal gateway for people seeking compensation.
Extra requirements placed real hurdles in the way
The Supreme Court said the new RAF 1 form forced people to provide more documents than what was needed in the 2008 rules. The court ruled that these tougher filing rules directly affected claimants, as a valid claim is needed to get compensation and to extend the time allowed for making a claim.
Judge Nicholls said the Minister of Transport’s decision made things harder for claimants by forcing them to hand in more documents for their claims to count. The court also confirmed the legal standard for claim forms. The judge said that it is enough for claimants to mostly meet the requirements.
Minister’s approval was not valid
The court found that the Minister of Transport did not follow the rules for fair decision-making before approving the new RAF 1 form. There was no public enquiry or chance for people to comment, as required by law.
The court also said there was no sign that the Minister thought for themselves about whether the new form was actually needed. Judge Nicholls added that there was nothing to show the Minister had made an independent decision.
Because the Minister’s decision was not lawful, the court decided that Board Notice 271 could not stand on its own. Judge Nicholls said that since the Minister’s decision could not stand, neither could Board Notice 271.
The 2008 RAF 1 form is back
The judgment means the RAF must use the 2008 claim form again until a new form is properly approved. People whose claims were already accepted under the old system will have their claims processed as normal.
If your claim was rejected or ignored, you now have until 30 September 2026 to try again with the 2008 form, and if you succeed, you will keep your original lodgement date.
The appeal was dismissed, and the losing side must pay the legal costs, including for two lawyers if they were employed.
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