Hit and Run Meaning | Understanding Hit & Run Law in South Africa

A hit-and-run in South Africa is the failure of a driver involved in a road accident to stop, render assistance, and report the collision to the South African Police Service — duties set out in sections 60 and 61 of the Criminal Procedure Act 51 of 1977 and reinforced by the National Road Traffic Act 93 of 1996. For the driver who flees, the conduct is a criminal offence carrying a fine, imprisonment of up to six years, or both, plus possible licence suspension and a criminal record. For the victim, the same incident is not a dead end: a hit-and-run is treated as an “accident involving an unidentified motor vehicle” under section 19 of the Road Accident Fund Act 56 of 1996, which means the victim can claim from the Road Accident Fund (RAF) as if the driver had been identified, provided the collision is reported to the SAPS and a CAS (Crime Administration System) number is obtained. This article explains the legal meaning, the criminal exposure, the civil remedy, and the practical steps to take in the 24 hours after a hit-and-run.

What “Hit and Run” Legally Means in South Africa

The everyday label “hit-and-run” is not a single statutory term. It describes the conduct of failing to stop, failing to render assistance, and failing to report — three distinct obligations that sit in different provisions of South African road-traffic and criminal law.

Statutory duty	Source	What it requires
Duty to stop and ascertain the nature and extent of injury	Section 61, Criminal Procedure Act 51 of 1977	The driver of a motor vehicle on a public road who knows, or ought reasonably to know, that the vehicle has been involved in a collision causing bodily injury or death must stop, ascertain the nature and extent of the injury, and render assistance.
Duty to report the accident	Section 60, Criminal Procedure Act 51 of 1977	The driver (or, if the driver is unable, the owner of the vehicle) must report the accident to a police officer as soon as is reasonably practicable.
Duty to exchange particulars	National Road Traffic Act 93 of 1996 (regulations made under the Act)	The driver must furnish name, address, vehicle registration, and owner details to any other party involved in the collision.

A “hit-and-run” therefore covers any combination of those three failures. In ordinary speech the term bundles them all together, but the criminal charge typically proceeds under section 61 of the Criminal Procedure Act, which sets the controlling duty to stop and render assistance after a collision that has caused bodily injury or death.

Criminal Consequences for the Driver Who Flees

Failure to stop and report a collision causing bodily injury or death is a schedule 6 offence under the Criminal Procedure Act. The maximum exposure on conviction is a custodial sentence of up to six years, a fine, or both. Depending on the outcome of the collision, additional charges can stack on top:

• Culpable homicide — where a death results from the driver’s negligent driving and the failure to stop aggravates the harm.
• Assault with intent to do grievous bodily harm — where serious injury results and the failure to render assistance worsened the injuries.
• Licence suspension or cancellation — the court may order this under section 34 of the National Road Traffic Act, on top of any criminal sentence.

A criminal record follows conviction, and that record has downstream consequences for employment, immigration applications, professional registrations, and future insurance underwriting.

Civil Remedy for the Victim: The Road Accident Fund

The Road Accident Fund Act 56 of 1996 creates a statutory insurer — the Road Accident Fund — that compensates victims of motor vehicle collisions for bodily injury on a no-fault basis. The test is whether the injury was caused by the negligent driving of another motor vehicle; the victim’s own driving is not the deciding factor.

Under section 19 of the RAF Act, a collision involving an “unidentified motor vehicle” is treated as a defined motor vehicle accident for the purposes of a claim. That is the route that makes a hit-and-run claimable: the victim claims against the RAF as if the driver were known, even though the driver has fled.

What the RAF claim covers	Notes
Past and future medical expenses	Subject to the prescribed tariff under the RAF Regulations.
Loss of earnings	Past loss and, where supported by actuarial evidence, future loss of earning capacity.
General damages for pain and suffering	Subject to the serious-injury threshold set out in the Schedule to the RAF Act.
Loss of support (fatal cases)	Claimed by dependants of the deceased.

The claim is brought on Form RAF 1 through the RAF’s claims process, prescribed under the RAF Regulations and the Uniform Rules of Court, and is filed in the court of the district where the accident occurred or where the claimant resides.

The First 24 Hours: Practical Steps for a Hit-and-Run Victim

1. Get to safety. Move out of the traffic lane if the vehicle is drivable; do not stand in the road.
2. Render whatever help is practical. If another party is injured, call emergency medical services (10111 for ambulance; 112 from a mobile).
3. Preserve evidence at the scene. Photograph the position of the vehicles, the damage, the road layout, any debris, the registration (even partial) of the fleeing vehicle, and any nearby CCTV cameras pointing at the road.
4. Obtain witness details. Capture names, contact numbers, and short statements from anyone who saw the collision or the fleeing vehicle.
5. Report to the SAPS. Go to the police station nearest the scene, lay a charge of failure to stop and report, and obtain a CAS (Crime Administration System) number. This is the single most important step for the RAF claim downstream.
6. Open an RAF claim file. Either on the RAF’s claims portal or through an attorney. The statutory limitation period is three years from the date of the accident, but claims are easier to prosecute the sooner the file is opened.
7. Notify your own insurer. If you have short-term or comprehensive cover, notify your insurer; the claim against your own insurer (if applicable) is independent of the RAF claim.

What the Police Report Should Contain

The docket built at the SAPS station becomes the foundation of the RAF claim, so the report needs to capture everything the claimant can later prove. The following should be included:

• Date, time, and exact location of the accident (intersection, road, suburb, city)
• Description of the fleeing vehicle — make, model, colour, and any partial registration captured
• Number of occupants seen in the fleeing vehicle
• Direction of travel after the collision
• Names of any witnesses and their contact details
• Photographic evidence, and any dashcam or CCTV footage referenced
• Description of injuries sustained and medical treatment received

The SAPS must register the case under the correct offence (failure to stop and report). Ask for the CAS number and a written copy of the SAPS 41 statement before leaving the station.

What an Attorney Adds on a Hit-and-Run RAF Claim

The RAF has become more aggressive in disputing unidentified-driver claims than was historically the case. It commonly raises disputes on causation, the seriousness of the injury, and whether the victim adequately identified the vehicle. An experienced attorney adds value at three points:

• Form RAF 1 structure. The form has prescribed fields and supporting-evidence requirements under the RAF Act and Regulations; errors and omissions at filing stage are the most common reason for delay.
• Medical and actuarial evidence. Future-loss claims require actuarial quantification, and the serious-injury threshold under the Schedule to the RAF Act requires a properly motivated medical opinion.
• Litigation if the RAF disputes the claim. Where the RAF disputes liability or quantum, the matter is litigated in the appropriate South Court division. This is partner-grade work and warrants instructing a firm with MVA and RAF litigation experience.

Burger Huyser Attorneys’ general litigation practice fields MVA and RAF claims across its Gauteng branches, under Director Nadine Roesch-Prinsloo’s general litigation portfolio at the Roodepoort branch — the same team that runs insurance repudiation matters and unidentified-driver claims through to trial where the RAF disputes the file.

Common Misconceptions

A handful of beliefs circulate widely among hit-and-run victims, and most of them are wrong.

• “There’s nothing I can do if the driver got away.” Wrong. The RAF pays unidentified-driver claims under section 19 of the RAF Act, subject to the reporting and supporting-evidence requirements.
• “I have to identify the driver to claim.” Wrong. The statutory scheme expressly contemplates the unidentified-driver route.
• “Hit-and-run is just a traffic fine.” Wrong. The failure-to-stop-and-report offence under section 61 of the Criminal Procedure Act carries a potential sentence of up to six years’ imprisonment.
• “I can wait and claim later.” Practically risky. Claims are easier to defend with contemporaneous evidence, camera footage is purged, and the statutory three-year limitation period applies.

Frequently Asked Questions

What does “hit and run” mean under South African law?

Hit-and-run is the everyday label for a driver involved in a road accident who fails to stop, fails to render assistance, and fails to report the collision to the South African Police Service. The legal duties are set out in section 61 of the Criminal Procedure Act 51 of 1977 (the duty to stop and render assistance) and section 60 of the same Act (the duty to report to a police officer), with related obligations in the National Road Traffic Act 93 of 1996.

Can a hit-and-run victim still claim if the driver is never identified?

Yes. Under section 19 of the Road Accident Fund Act 56 of 1996, a collision involving an unidentified motor vehicle is treated as a defined motor vehicle accident for the purposes of an RAF claim. The victim can claim against the RAF for past and future medical expenses, loss of earnings, and general damages, provided the accident was reported to the SAPS and a CAS number was obtained.

How long does a hit-and-run victim have to claim from the RAF?

The statutory limitation period for an RAF claim is three years from the date of the accident (or, in fatal cases, three years from the date of death). In practice, the sooner the RAF 1 claim form is filed, the easier the claim is to prosecute — witness memories fade, CCTV footage is purged, and police dockets are archived.

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

Failure to stop and report a collision causing bodily injury or death is a schedule 6 offence under the Criminal Procedure Act, carrying a potential sentence of up to six years’ imprisonment, a fine, or both. The court may also suspend or cancel the driver’s licence under section 34 of the National Road Traffic Act.

What should I do immediately after a hit-and-run?

Move to safety, call emergency services if anyone is injured, photograph the scene and any part of the registration of the fleeing vehicle, take witness details, and report the incident to the nearest SAPS station to obtain a CAS number. The CAS number is the foundation of the RAF claim downstream.

Does my own insurance pay out as well, or only the RAF?

They are independent. A claim against the RAF is brought in terms of the RAF Act regardless of the victim’s own insurance; any short-term or comprehensive insurance policy the victim holds is a separate contractual claim. The two can run in parallel, and the RAF claim does not usually reduce the insurance payout unless the insurance policy specifically says so.

Do I need an attorney for a hit-and-run RAF claim?

It is not legally required, but the RAF has become more adversarial in its handling of unidentified-driver claims, and a properly structured file with full supporting medical and actuarial evidence typically settles faster and for higher amounts than a self-filed file. An attorney experienced in MVA and RAF litigation is the practical route for any non-trivial injury.

If you have been the victim of a hit-and-run and need to pursue a claim against the Road Accident Fund, Burger Huyser Attorneys’ general litigation practice fields MVA and RAF claims across its Gauteng branches. Briefly describe what happened — date, location, nature of injury, and the CAS number from the SAPS report — to the firm’s head office on 011 888 0246 (after-hours 061 516 6878) or via the firm’s website, and the matter will be routed to the right branch and the correct attorney. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and handles the full litigation arc from RAF 1 to trial if the claim is disputed.