Hit-and-Run Accidents in South Africa: What You Must Do

Hit-and-run collisions leave victims reeling because the at-fault driver disappears. South African law requires every driver to stop, assist, and report. When that does not happen, move quickly to preserve evidence, work with SAPS, and prepare insurance or Road Accident Fund (RAF) claims.

Your legal duty to stop and assist

Section 61 of the National Road Traffic Act

Section 61 of the National Road Traffic Act 93 of 1996 compels a driver to stop immediately after an accident, ascertain injuries, render assistance, and provide identifying particulars. Failing to do so is a criminal offence that can lead to fines, imprisonment, and licence suspension. You are also required to report the crash to SAPS as soon as reasonably possible, and never later than 24 hours after the collision.

Consequences for fleeing drivers

• Criminal charges: suspects face prosecution for failing to stop, reckless or negligent driving, and, where applicable, culpable homicide.
• Licence and insurance sanctions: courts may suspend licences under Section 35, and insurers often repudiate the fleeing driver's claim while assisting SAPS.

Immediate steps if the other driver flees

Secure the scene and collect evidence

• Call emergency services (112) for medical support and request SAPS attendance.
• Photograph vehicle damage, road markings, debris, the direction in which the driver fled, and any loose vehicle parts that could identify the suspect car.
• Note the exact time, location, and weather conditions.

Speak to witnesses and find footage

• Ask nearby motorists, pedestrians, or security guards what they saw and collect contact details for SAPS or insurers.
• Request short voice notes, dashcam clips, or CCTV footage while the incident is fresh, noting who you spoke to and when.
• If the crash occurred on a toll road, ask SANRAL about available gantry footage.

Reporting to SAPS

Lodge the case promptly

• Contact 10111 or your nearest police station to report the hit-and-run, even if no officer attended the scene.
• Provide a detailed statement, including vehicle descriptions, partial number plates, direction of travel, and witness details.
• Request a case number (previously called the AR number) and keep copies of any statements you sign.

Supply additional evidence

• Submit photographs, videos, witness contact lists, and any damaged parts for forensic testing.
• Keep a log of every interaction with SAPS, including names, ranks, and dates, in case you need to escalate or brief an attorney.

How SAPS investigates hit-and-run cases

Evidence gathering and prosecution

SAPS reconstruction specialists analyse the scene, cross-reference partial number plates with NaTIS, canvass hospitals, and subpoena CCTV footage before it is overwritten. When a suspect is identified, detectives prepare a docket for the National Prosecuting Authority (NPA), which may pursue charges such as failing to stop, reckless or negligent driving (Section 63), or culpable homicide. Victims can expect to give statements and testify about the collision and its impact.

Insurance options when the driver is unknown

Claiming from your own insurer

Comprehensive cover typically pays for vehicle repairs, towing, and medical expenses for named occupants, minus the applicable excess. Third-party only policies do not cover your own damages, so budget for interim repairs until the suspect is found. Notify your insurer within the policy's time limit, provide the SAPS case number, and explain that the other driver fled. Request help recovering your excess if the driver is traced, and keep receipts for repairs and rental cars for possible civil summons within three years.

Claiming from the Road Accident Fund

Unidentified driver claims

Section 17 of the Road Accident Fund Act 56 of 1996 allows "hit-and-run" claims, but special rules apply:

• Time limit: submit the claim within two years of the accident (shorter than the three-year limit for identified drivers).
• Serious injury requirement: general damages are available only if a registered medical practitioner certifies a serious injury on the RAF 4 form.
• Supporting documents: provide the RAF 1 form, witness statements, medical reports, proof of earnings, and confirmation that the driver remained unidentified despite reasonable efforts.

Medical and funeral benefits

• The RAF pays for reasonable past and future medical treatment related to the crash, often through undertakings issued after settlement.
• Dependants of a deceased victim may claim funeral costs and loss of support, so keep a spreadsheet of expenses and submit receipts promptly.

What to expect from the criminal process

Arrest and bail

When SAPS identifies a suspect, they may arrest the driver or issue a summons to appear in court. Bail decisions weigh the seriousness of the offence, prior convictions, and any risk of interference with witnesses.

Court proceedings

• Magistrates' courts handle most hit-and-run prosecutions, but fatal cases may proceed in the regional court.
• Victims can request court dates through the investigating officer or the NPA's Court Preparation Officer.
• Restitution orders are rare, so continue with your civil or RAF claims even while the criminal case unfolds.

When to instruct an attorney

• Serious injuries, disputed RAF claims, or insurer repudiations often justify legal representation.
• Attorneys can request CCTV, manage private investigators, and ensure your statement to SAPS is accurate and complete.
• If the suspect is caught, a lawyer can monitor the criminal matter and prepare civil summons within the three-year prescription period.

Key reminders

• Report the hit-and-run to SAPS within 24 hours.
• Preserve evidence immediately--photos, videos, witness details, and damaged parts.
• Notify your insurer and supply the case number.
• Consult a medical professional, keep every invoice for RAF purposes, and seek legal advice if injuries are serious or insurers dispute the claim.

Conclusion: persistence pays off

Hit-and-run cases demand persistence. By fulfilling your legal duties, partnering with SAPS, and documenting each loss, you preserve your rights to compensation. Insurance and RAF processes take time, but careful records, proactive follow-up, and timely legal support can turn an ordeal into a claim.