Car Accident: Practical Legal Steps

A car accident, even a minor one, leaves most people shaken. In the moment it can be hard to think clearly about what to say, what to write down, and who to phone. Knowing the steps ahead of time helps you protect yourself and your claim.

What is happening

Under the National Road Traffic Act, a driver involved in an accident must stop, check if anyone is injured, help where they can, and give their details to the other people involved. If the police do not come to the scene, the accident must be reported at a police station, usually within 24 hours. You will receive an accident report (AR) number, which insurers and the Road Accident Fund will ask for.

There are three main ways loss is covered in South Africa:

• Your own insurance, for damage to your vehicle if you have comprehensive cover. Insurers set their own deadlines for reporting, often short, so check your policy.
• A claim against the other driver or their insurer for vehicle damage, if they were at fault. Smaller amounts can go to the small claims court.
• The Road Accident Fund (RAF), which pays compensation for bodily injury or death caused by the negligent driving of a vehicle in South Africa. It does not pay for damage to vehicles. Passengers, including taxi and bus passengers, pedestrians and cyclists can claim.

RAF claims have strict time limits. In general, a claim must be lodged within three years of the accident when the driver or owner is known, and within two years for a hit-and-run where the driver cannot be identified. The RAF accepts claims directly from members of the public, and you do not have to use an attorney.

Signs to notice

• You or a passenger were injured, even if it seemed minor at first.
• The other driver drove off, or gave details that do not add up.
• There was no police officer at the scene.
• Someone asked you to sign something or admit fault.
• A person arrived at the scene or hospital offering to handle your claim.
• Pain, sleep problems or fear of driving have started since the crash.

30-second self-check

Answer yes or no to each question.

• Was anyone injured, including you?
• Has the accident not yet been reported to the police?
• Did the other driver leave or refuse to give details?
• Do you have no photos or witness details?
• Has your insurer not been told yet?
• Have you been approached by someone to sign a claim or mandate?

0-1 yes: You are on track. Keep your records together and follow up with your insurer.
2-3 yes: Act this week on the missing steps, especially police reporting and insurance.
4 or more yes: Several important steps are still open. Use the checklist today and consider getting advice.

What you can do next

• Today: If anyone is hurt, call an ambulance on 10177 or 112 from a mobile. Move to safety. Swap names, ID numbers, phone numbers, vehicle registration and insurance details. Take photos of the scene, vehicles and road.
• Today: Do not admit fault or sign anything you do not understand. Stick to the facts.
• This week: Report the accident at a police station if it was not reported at the scene and get your AR number. Notify your insurer.
• This month: See a doctor for any injury, even if it feels small, and keep all medical records and receipts. If you were injured, find out about the RAF claim process.
• Be careful of people who arrive at hospitals or scenes offering to do your claim. Always check an attorney's registration.
• If you use an attorney on a contingency ("no win, no fee") basis, get the agreement in writing and understand the fee.

Your tool

Accident Steps Checklist - a simple list you can follow at the scene and in the days after, covering details to collect, who to report to, and time limits to note.

When to get professional help

Get legal help if someone was seriously injured or died, if fault is disputed, if a hit-and-run is involved, or if your RAF or insurance claim is refused. Get medical help for any injury, and emotional support if you struggle with anxiety or flashbacks.
Who can help: emergency_services, attorney_general, insurance_adviser_fsca, doctor, physiotherapist, counsellor

Getting help in South Africa

Emergencies: SAPS 10111, Ambulance 10177, or 112 from a mobile. The Road Accident Fund has branch offices and accepts direct claims. Insurance disputes can go to the National Financial Ombud Scheme. Check any attorney's registration at lpc.org.za. Legal Aid South Africa (legal-aid.co.za) may help people who qualify. For emotional support after a crash, the Cleared Mind 24-hour Careline is 0800 212 146.