Reporting a Hit and Run in South Africa | Step-by-Step

Reporting a hit-and-run in South Africa requires stopping at the scene, opening a South African Police Service (SAPS) case within 24 hours, preserving photographic and physical evidence, and lodging a claim with the Road Accident Fund (RAF) within three years of the accident. A driver who leaves the scene of a collision commits an offence under section 61 of the Criminal Procedure Act 51 of 1977, while the victim or a witness must follow a defined reporting and claims process to preserve both the criminal remedy and the civil-claim pathway.

The Legal Definition: What Counts as a Hit-and-Run in South Africa

South African law treats leaving the scene of a motor-vehicle collision as a distinct criminal offence, separate from any reckless or negligent driving charge that may follow. The duty on a driver involved in a collision is set out in section 61 of the Criminal Procedure Act 51 of 1977: stop the vehicle, ascertain the extent of injuries or damage, and — where required — render reasonable assistance and identify yourself on request to any injured party or witness. Failing to stop, or stopping and then leaving without identifying oneself, is the conduct colloquially called “hit-and-run” and is punishable on conviction.

This duty is read alongside section 36 of the National Road Traffic Act 93 of 1996 (reckless or negligent driving) and section 61 of the same Act (the procedural duty to report the accident to a police officer and complete an Accident Report form). Together, the framework covers both the act of leaving the scene and the obligation to lodge a formal accident report. The offence applies whether or not anyone was physically injured, and whether or not the other party was a vehicle, a pedestrian, or stationary property such as a parked car or roadside fixture.

On the civil side, the Road Accident Fund Act 56 of 1996 governs claims by victims of motor-vehicle accidents for bodily injury or death caused by the negligent driving of a motor vehicle — including claims arising from hit-and-run incidents where the driver is never identified.

Step-by-Step: What to Do Immediately After a Hit-and-Run (as a Victim)

The minutes after a hit-and-run determine the strength of any later criminal or RAF claim. The order of actions matters:

1. Stop and assess. Check yourself and any passengers for injuries. Do not pursue the fleeing driver — leave pursuit to the SAPS, both for safety reasons and because an unauthorised chase can expose you to a separate charge.
2. Move to a safe location (the pavement, a nearby business) and call for medical assistance if anyone is hurt.
3. Contact the SAPS on 10111 from a landline or 112 from a mobile to report the accident and request attendance.
4. Capture the fleeing vehicle’s details — registration number (partial is acceptable), make, model, colour, direction of travel, and any distinctive damage.
5. Photograph the scene — your vehicle, the road layout, debris, skid marks, any other vehicles involved, and any visible injuries.
6. Identify eyewitnesses and obtain their names and cellphone numbers on the spot. They are often the difference between a viable and an unviable SAPS docket.
7. Note the exact time, location (street name and nearest intersection), and weather or visibility conditions while the memory is fresh.

Opening a SAPS Case

Once the immediate scene is secured, the next step is to formally open a criminal case at a SAPS station. The hit-and-run is a criminal offence, so the docket is allocated a CAS (Crime Administration System) number — the unique identifier required to follow up on the investigation and to support any subsequent RAF claim.

1. Attend the SAPS station with jurisdiction over the area where the accident occurred. A case may also be opened at any other SAPS station, but the docket will be referred to the station with jurisdiction.
2. Make a verbal statement to the station’s Community Service Centre (CSC) officer; the officer will record it and assign a CAS number.
3. Request and keep a written copy of the CAS number and the station’s case reference. The CAS number is required to follow up on the investigation and to support any RAF claim.
4. Identify the investigating officer and obtain their contact details for follow-up.
5. Request a certified copy of the statement once it has been finalised, and the J88 medical report where there are injuries — this is completed by a state doctor and is a required RAF supporting document in injury claims.
6. Return to the station to add supplementary information (witness statements, photographs, dashcam footage) as it becomes available.

Practical tip: If the SAPS refuses to open a case because no one was hurt, the duty to open a case exists regardless of injury. Ask for the CSC officer on duty and request a CAS number. If the station still refuses, the Independent Police Investigative Directorate (IPID) is the formal escalation route. Document the refusal — it is itself relevant to any later RAF claim.

Evidence Preservation After the Fact

Evidence loses weight quickly once the scene is cleared and memory fades. The following items should be preserved from the moment of the incident:

• Vehicle-repair quotations and the final invoice — they document the quantum of the loss for both an RAF property-damage claim (where applicable) and any civil recovery against an identified driver.
• Medical records, prescriptions, and receipts for any treatment arising from the accident.
• Dashcam footage, CCTV footage from nearby businesses, or cellphone video — these are often the only independent evidence of the fleeing vehicle’s identity and the sequence of events.
• Clothing worn at the time of the accident, if injuries are involved — it forms part of the RAF claim’s evidentiary record.

Do not repair the vehicle before the SAPS or an assessor has had the opportunity to inspect it; premature repairs can be raised as a reason to dispute the quantum of damage. Photographs and witness statements lose evidential weight the longer the gap between the accident and their capture — act within days, not weeks.

The Civil-Claim Pathway: The Road Accident Fund

The RAF is the principal route by which a victim of a motor-vehicle accident in South Africa secures compensation for bodily injury or death caused by the negligent driving of a motor vehicle — regardless of whether the hit-and-run driver is ever identified. Burger Huyser Attorneys fields road-accident-related matters through its Criminal Law and litigation practices from the firm’s Linden, Randburg head office, and across its Gauteng branches.

RAF claim requirement	Detail
Lodgement deadline (general rule)	Three years from the date of the accident (prescription under the Road Accident Fund Act 56 of 1996).
Lodgement deadline (minors / persons under legal incapacity)	Effectively three years from the date the claimant turns 18 or the incapacity ends; a curator ad litem is usually required to lodge on a minor’s behalf.
Hit-and-run category	A recognised RAF claim category — the claimant must show that the accident was caused by the negligent driving of a motor vehicle and that the driver cannot be identified (or, if identified, that they were negligent).
Required supporting documents	SAPS CAS number and statement, J88 (where injuries occurred), medical reports, proof of identity, proof of income, and an affidavit setting out the sequence of events.
Where claims are administered	Road Accident Fund head office in Centurion, Pretoria, assessed under the Road Accident Fund Act 56 of 1996 read with the RAF regulations.

Claims may be lodged via the Fund’s own claims process or through an attorney practising in this field. Once medical treatment has stabilised and the evidentiary record is complete, lodging sooner rather than later is generally advisable — late lodgement is the most common reason otherwise-valid claims fail.

What Happens When the Driver Is Identified

Where the SAPS identifies the hit-and-run driver — through CCTV, witness follow-up, partial registration, or Vehicle Identification Unit work — the criminal and civil tracks move forward separately:

• Criminal prosecution may follow under section 61 of the Criminal Procedure Act 51 of 1977, alongside any reckless or negligent driving charge under the National Road Traffic Act.
• A direct civil claim against the identified driver for damages not fully covered by the RAF (loss of support, future medical expenses, general damages over and above the RAF statutory cap).
• An approach to the driver’s insurer for property damage; the insurer is not liable for RAF-related claims (those run through the Fund), but is liable for third-party property damage under the compulsory motor-vehicle insurance regime.

Where a criminal prosecution follows, the case will progress from the SAPS docket through the National Prosecuting Authority (NPA) and into the relevant magistrate’s court. The firm’s Criminal Law practice, which includes criminal defence and bail applications across Schedule 5 and 6 offences, is set up to assist with both the prosecution-side liaison and any defence work where a client has been charged in connection with the same incident.

Timeframes, Pitfalls, and Common Mistakes

The most common reasons hit-and-run claims collapse are missed deadlines and avoidable admissions. The practical rules to keep in mind:

Pitfall	Why it matters
Missing the 24-hour reporting window	Opening the SAPS case as soon as possible — ideally within 24 hours — strengthens both the criminal investigation and the RAF claim’s evidential record.
Missing the three-year prescription deadline	RAF claims prescribe three years from the date of the accident; missing the deadline permanently bars the claim absent formal condonation, which is granted only in narrow circumstances.
Admitting fault at the scene	Even an off-the-cuff apology is sometimes used by insurers to dispute the RAF claim’s merits.
Chasing the fleeing driver	Leave pursuit to the SAPS — chasing compounds the danger and can expose the victim to a separate charge.
Disposing of clothing or repairing the vehicle too soon	Both are evidence in the RAF claim; premature disposal or repair can be raised to dispute quantum or causation.
Accepting a quick settlement from the other driver’s insurer	RAF caps and statutory offsets are complex — a quick settlement is often materially below the claim’s true value.

Frequently Asked Questions

Do I have to report a hit-and-run if I wasn’t physically hurt?

Yes. Section 61 of the Criminal Procedure Act applies whether or not injuries occurred, and the failure to stop and identify oneself is itself a criminal offence. Property damage from an unidentified driver can also be reported and may still attract police attention if a partial registration was captured or witnesses are available.

How long do I have to open a SAPS case after a hit-and-run?

There is no statutory deadline for opening a SAPS case, but opening it as soon as possible — ideally within 24 hours — preserves evidence and gives the investigating officer the best chance of identifying the fleeing vehicle through CCTV, dashcam or witness follow-up. Section 61 of the National Road Traffic Act requires reporting within 24 hours if someone was killed or injured, and on the first working day for other cases.

Can I claim from the RAF if the driver was never found?

Yes. The Road Accident Fund Act 56 of 1996 allows claims arising from hit-and-run incidents where the driver cannot be identified, provided the claimant can show that the accident was caused by the negligent driving of a motor vehicle on a South African road. The RAF’s compliance unit assesses each claim on its own merits.

What is the J88 and why does it matter?

The J88 is the medical report completed by a state doctor after a SAPS-reported injury. It records the injuries sustained and is one of the required supporting documents for any RAF claim involving bodily injury. Without it, the RAF claim is materially weaker. The Accident Report form, sometimes referenced as SAPS 248, is a separate SAPS document completed by the reporting officer.

How long do I have to lodge an RAF claim?

The general rule is three years from the date of the accident. Different timeframes apply where the claimant was a minor at the time of the accident or was under legal incapacity — minors effectively have until three years after turning 18 — but the prudent course is to lodge as soon as medical treatment has stabilised rather than waiting until the deadline is near.

What if the SAPS refuses to open a case because no one was hurt?

The duty to open a case exists regardless of injury; ask for the Community Service Centre officer on duty and request a CAS number. If the station still refuses, the Independent Police Investigative Directorate (IPID) is the escalation route. Document the refusal — it is itself relevant to any later RAF claim.