How Long Do You Have to Report a Hit and Run in South Africa?

Under section 61 of the National Road Traffic Act 93 of 1996, the driver of a vehicle involved in an accident that causes injury or death, or where the other party is unknown, must report the accident to a police station within 24 hours. Failing to do so is a separate offence, and the 24-hour reporting rule is a different track from any subsequent Road Accident Fund or insurance claim. A hit and run that causes injury or death is treated as a serious criminal matter, commonly charged as reckless or negligent driving, culpable homicide, or (where alcohol or drugs are involved) driving under the influence, with the risk of arrest, detention, and a formal bail application for Schedule 6 offences. Road Accident Fund claims must be lodged within three years of the date of the accident under section 17 of the RAF Act 56 of 1996, and the criminal reporting rule and the RAF deadline are separate and missable.

What Counts as a Hit and Run in South Africa

A hit and run is any incident where a vehicle is involved in an accident — with another vehicle, a pedestrian, a cyclist, or a fixed object — and the driver leaves the scene without stopping to identify themselves, render assistance, or report the accident. The National Road Traffic Act 93 of 1996 and the Criminal Procedure Act 51 of 1977 set the criminal framework; the Road Accident Fund Act governs the separate civil claim track. “Hit and run” is not a single statutory offence: it is a label that covers a range of possible charges depending on the consequences.

Possible charge	Statutory basis	Likely penalty range
Reckless or negligent driving	NRTA section 63	Fine or imprisonment
Culpable homicide (where death resulted)	Common law, read with Criminal Procedure Act section 6	Schedule 6 offence — tried in regional or High Court
Driving under the influence of alcohol or drugs	NRTA section 65	Fine, imprisonment, or licence cancellation
Failure to report an accident	NRTA section 61	Fine or imprisonment (separate from the underlying accident)

Even where no one is injured, failing to stop and provide particulars is itself an offence under the NRTA. A driver who leaves the scene is exposed to a stacked set of charges: whatever underlying driving offence occurred (reckless driving, DUI, culpable homicide) plus a separate section 61 failure-to-report charge.

The 24-Hour Reporting Rule: The Headline Answer

Section 61 of the National Road Traffic Act 93 of 1996 requires the driver of a vehicle involved in an accident to report it to a police officer within 24 hours if the accident caused injury or death, or if the other party (or their property) is unknown. The driver must give their name and address, the vehicle’s registration, and the circumstances of the accident.

The 24-hour clock starts from the time of the accident, not from the time the driver gets home. Where the other driver is unknown (a true hit and run against you), the victim should also report to SAPS as soon as possible; the police case number is essential for the RAF claim and the insurance claim. Failing to report within 24 hours is a criminal offence and can be charged separately from the underlying accident.

Step-by-Step: What to Do If You Are the Victim of a Hit and Run

1. Stop safely and confirm injuries — pull over, check yourself and any passengers, and check the pedestrian or other vehicle’s occupants if possible.
2. Call emergency services — 10111 for SAPS, 112 from a cell phone, or 10177 for ambulance. If anyone is injured, medical attention comes first.
3. Do not chase the other driver — leave that to the police; chasing can lead to a second accident.
4. Gather evidence at the scene — photos of the damage, the scene, the road, any debris, any other vehicle’s registration plate (witness or dashcam), the time, and the location.
5. Get witness details — names and phone numbers of anyone who saw the accident.
6. Report to the nearest police station — within 24 hours, with all the details, and obtain a police case number (CAS number).
7. Notify your insurer — most policies require prompt reporting; the police case number is usually required.
8. Seek medical attention — even if not visibly injured, get checked; some injuries only show symptoms later.
9. Consult an attorney — for both the potential criminal case (if the driver is identified) and the RAF loss-of-support claim.

Step-by-Step: What to Do If You Are the Driver of a Hit and Run

1. Stop immediately — leaving the scene is a separate offence. Stopping is the first step to limit criminal exposure.
2. Render assistance — if anyone is injured, call emergency services and remain at the scene.
3. Report to the police — within 24 hours under the NRTA section 61 requirement. Do not “report later” or attempt to “settle privately” to avoid the police step.
4. Do not discuss fault at the scene — exchange particulars only; avoid admitting liability.
5. Notify your insurer — even before formal charges, your policy likely requires immediate notification.
6. Contact an attorney before speaking to investigators — anything you say to the police can be entered into a docket. Brief counsel first.
7. Preserve evidence — photos of the scene, your vehicle’s damage, the road conditions, and any dashcam footage.

Because the criminal and civil tracks are easy to confuse on first contact, the practical order matters: stop, render assistance, report to the police, brief an attorney before you make any further statement. Burger Huyser Attorneys’ Criminal Law practice runs urgent after-hours bail and arrest work in Gauteng, with an after-hours bail line at 069 522 7696 for situations that cannot wait until office hours.

The Criminal Case: Charges, Penalties, and Court Process

Common charges arising from a hit and run include reckless or negligent driving under section 63 of the NRTA (punishable by fine or imprisonment), culpable homicide under the common law where the accident caused death (a Schedule 6 offence read with section 6 of the Criminal Procedure Act 51 of 1977, tried in the regional or High Court), driving under the influence of alcohol or drugs under NRTA section 65 (a separate charge with its own penalties), and failure to report an accident under NRTA section 61 (punishable by fine or imprisonment).

Where the hit and run involves death or serious injury, the driver is at risk of arrest and detention. Schedule 6 offences carry a formal bail application: bail is not automatic, and the State may oppose release. Conditions typically include surrender of travel documents, a curfew, reporting duties at the investigating police station, and a warning not to contact witnesses. Where an arrest happens after hours, defence counsel is contacted immediately so that the first bail appearance is not taken without preparation.

The RAF Claim: A Separate Three-Year Deadline

The Road Accident Fund pays compensation for bodily injury or death caused by a negligent motor vehicle driver, but the claim is a separate civil process from the criminal case. The lodgement deadline is three years from the date of the accident under section 17 of the RAF Act 56 of 1996, extendable only in narrow circumstances (for example, where the claimant was a minor or did not know that the harm was caused by the accident). A police case number and supporting documentation are required to lodge; the claim cannot proceed without the SAPS report.

A hit and run victim who cannot identify the driver may still claim against the RAF through the “hit and run” provision; specific evidentiary steps apply to that category. Lapsed RAF claims may be possible to revive by way of a court application, but this is expensive and uncertain — do not treat it as a fallback plan. Where the criminal case is unresolved, the RAF claim can still proceed on the available evidence, but the sooner the RAF lodgement goes in, the better protected the claim is.

Insurance Implications

Coverage track	What it covers	Key requirement
Comprehensive (own-damage)	Damage to your vehicle in a hit and run	Police case number, prompt notification
Third-party injury	Often funnelled through the RAF rather than your own insurer	Police case number, RAF lodgement within three years
Hit and run excess	Standard deductible usually applies	Set out in your policy schedule

Most insurers require notification within 24 to 48 hours; failing to notify can void the claim. The police case number is essential for both the insurance and RAF claims. An excess (deductible) usually applies to hit and run claims under standard comprehensive policies, so the out-of-pocket portion should be confirmed before any repair work begins.

Need help fast? If you have been charged after a hit and run, or you are a victim needing to pursue a Road Accident Fund claim, Burger Huyser Attorneys’ Criminal Law and Litigation teams can help. The firm’s after-hours bail line (069 522 7696) handles urgent arrests and bail applications; the Linden head office (011 888 0246) and the Roodepoort, Pretoria, and Bedfordview branches field this work across Gauteng under Director Nadine Roesch-Prinsloo (general litigation and RAF work, Roodepoort) and Director Herman Bonnet (civil litigation, Pretoria). Initial consultations are confidential, and the firm is upfront about prospects and costs — a recurring theme in its 250+ Google reviews averaging 4.8/5 (Trustindex verified).

Frequently Asked Questions

What is the penalty for a hit and run in South Africa?

There is no single “hit and run” charge — a hit and run can be charged as reckless driving, negligent driving, culpable homicide, or driving under the influence, depending on the facts and consequences. Failing to report an accident within 24 hours is itself a separate offence under NRTA section 61. Penalties range from fines to lengthy imprisonment where death or serious injury resulted.

Does the 24-hour rule apply if there are no injuries?

The 24-hour reporting duty under NRTA section 61 is triggered where there is injury or death, or where the other party is unknown. If both drivers are known, no one is injured, and damage is minor, the parties can exchange particulars and report the accident through their insurers without the 24-hour police step. The 24-hour step still applies, however, the moment the accident involves injury, death, or unknown parties.

How long do I have to claim from the Road Accident Fund after a hit and run?

Road Accident Fund claims must be lodged within three years of the date of the accident under section 17 of the RAF Act 56 of 1996. The RAF deadline is separate from the 24-hour police reporting rule; both are required to preserve your rights. Minors and people who did not know the harm was caused by the accident may have extended periods, but the safer course is to lodge as soon as possible.

Can the police trace a hit and run driver?

Yes. South African law enforcement uses traffic camera footage, dashcam footage, witness statements, vehicle debris, and (where the vehicle is identifiable) registration plate checks to identify hit and run drivers. Reporting promptly and providing as much detail as possible — time, location, vehicle colour, make, model, partial registration, and direction of travel — gives the police the best chance of identifying the driver.

What happens if I was the driver and I left the scene because I was scared?

Leaving the scene out of fear is not a defence to the underlying failure-to-report charge. The correct step is to report to the nearest police station as soon as possible, even if you cannot return to the scene. Consulting an attorney before you speak to the police is advisable — anything you say can be entered into a docket and used against you.

Do I need a lawyer for a hit and run case?

It depends on the facts. As a victim pursuing an RAF claim, a personal injury attorney reduces the risk of lapsed claims and helps with the documentation. As an accused, criminal defence counsel is essential where the charge is reckless driving with aggravating circumstances, culpable homicide, or DUI — those cases carry the risk of imprisonment and require a bail application if you are arrested. Burger Huyser Attorneys’ Criminal Law team fields hit and run defences across Gauteng.