I've Been in a Car Accident in South Africa -- What Happens Next?

A collision can shake anyone, but South African law expects quick, clear-headed action. This guide outlines the first 24 hours and the follow-up steps that protect your health, meet statutory duties, and position any insurance or Road Accident Fund (RAF) claims for success.

First priorities at the scene

Make the area safe

• Switch on hazard lights, set out triangles about 45 metres behind your vehicle on fast roads, and keep bystanders away from traffic.
• Move vehicles only when instructed by the South African Police Service (SAPS) or if necessary to prevent another collision.

Check for injuries and call help

• Offer basic first aid if trained, but do not move anyone with suspected spinal injuries unless danger is imminent.
• Request ambulance support and alert a trusted family member once it is safe to do so.

The legal requirement to notify SAPS

Call the police immediately

• Dial 10111 or the nearest SAPS station to report the crash.
• Ask for the attending officer's name, rank, and the station contact number.
• Cooperate fully; failure to stop or report can lead to charges under Section 61 of the National Road Traffic Act.

Report within 24 hours

If SAPS does not attend the scene, Section 61 still compels you to report at a police station within 24 hours. Take your driver's licence and proof of identity so the officer can capture the details in the Accident Report (AR) Register and issue the case number required by insurers and the RAF.

Provide a concise statement

• Stick to facts: date, time, location, road conditions, direction of travel, and sequence of events.
• Do not admit liability at the roadside or station; fault is determined later by insurers or the courts.

Gather information before you leave

Exchange details with other drivers

Capture the following on your phone or written notes:

• Full names, ID numbers, and contact details.
• Vehicle registration numbers and licence disk information.
• Insurer names and policy numbers.

Document the scene

• Photograph vehicle positions, damage, skid marks, debris, road signs, and traffic lights.
• Record weather conditions and any obstructions.
• Collect witness names, contact details, short statements, and any information about nearby CCTV.

Notify your insurer promptly

Timeline to lodge a claim

Most comprehensive motor policies require notification within 30 days, but same-day reporting strengthens your case. Use your insurer's app, hotline, or broker to register the claim with the SAPS case number, photos, and witness details.

Understanding policy excess and premiums

• Basic excess: the standard amount you must pay toward repairs before the insurer covers the balance.
• Additional excesses: may apply for young drivers, recent policy inception, or unlisted drivers.
• Frequent claims, even when you recover costs from another insurer, can influence future premium adjustments--ask your broker to quantify the impact.

Claiming against the other driver's insurer

When the other party admits fault

• Request their insurer details and lodge a third-party claim for your excess, loss of use, or uninsured damages.
• Provide proof of payment invoices, repair quotes, and the police case number.

If liability is disputed

• Your insurer may pursue recovery on your behalf, but you can brief an attorney to send a letter of demand.
• Keep a log of communications and deadlines; the Prescription Act 68 of 1969 sets a three-year limit to issue summons for damages.

Seeking medical care and RAF benefits

Immediate and follow-up treatment

• Visit a hospital or GP for assessment even if injuries seem minor--soft-tissue damage and concussions often surface later.
• Keep all medical reports, X-rays, and invoices; they support both insurance and RAF claims.

Understanding the RAF process

The Road Accident Fund Act 56 of 1996 allows injured parties (or dependants of deceased victims) to claim compensation from the RAF for accidents caused by negligent drivers.

• Who can claim: drivers (unless sole cause), passengers, pedestrians, cyclists, and dependants.
• Benefits: medical expenses, loss of earnings, general damages for serious injuries, and funeral costs.
• Time limits: lodge the claim within three years if the negligent driver is identified, or within two years for hit-and-run incidents.

Preparing your RAF claim

1. Obtain the RAF 1 form (online or at a regional office) and complete it carefully.
2. Attach certified copies of ID, the police case number, medical reports, and proof of income, plus the RAF 4 form if you seek general damages.
3. Submit at an RAF walk-in centre or via registered post and keep proof of delivery.

RAF claims can take years. Maintain medical check-ups, document expenses, and consider legal representation to manage expert reports and court processes if settlement fails.

When to consult an attorney

When to bring in legal support

• Multi-vehicle collisions, commercial fleets, or municipal liability often require accident reconstruction and subpoenas.
• If your insurer rejects the claim for alleged nondisclosure or policy breach, an attorney can scrutinise the repudiation letter and escalate to the Ombudsman for Short-Term Insurance.
• RAF litigation is document-heavy; lawyers coordinate expert reports and may work on contingency fee agreements capped by the Contingency Fees Act 66 of 1997.

Practical checklist before you file away the documents

• SAPS case number and AR form saved.
• Evidence backed up securely.
• Insurance claim lodged, medical assessments completed, and RAF forms started if injuries qualify.
• Legal consultation scheduled if liability is contested or injuries are serious.

Conclusion: stay organised and proactive

South African road law is clear: prioritise safety, report promptly, and preserve evidence. By following this structured process--SAPS reporting, insurer notifications, RAF preparation, and timely legal advice--you protect both your health and your financial recovery. Stay organised, respond to insurer requests, and seek professional guidance when needed.