What Should I Do After a Hit and Run Accident? | SA Legal Tips

After a hit-and-run accident in South Africa, the immediate priorities are safety, medical assessment, and reporting — the offending driver is committing a criminal offence by failing to stop, and the victim is laying the groundwork for any subsequent Road Accident Fund (RAF) claim by securing a SAPS case number, a medical record, and any evidence of the fleeing vehicle. The duty to stop and render assistance is set out in section 61 of the Road Traffic Act 93 of 1996, and failure to comply is prosecuted as an offence under the Criminal Procedure Act 51 of 1977 (listed in Schedule 1, which permits arrest without warrant). For a victim intending to claim, the practical window to act is short: SAPS reporting should happen as soon as practicable, medical treatment should be sought within hours rather than days, and an attorney should be consulted before any settlement discussion with the RAF or an insurer.

The First Hour: Safety, Medical Attention, and Reporting

The moments after impact are the most important for both your safety and your eventual claim. The priorities, in order, are physical safety, medical assessment, and preservation of the scene — not evidence-gathering first, not chasing the other vehicle, not calling your insurer before you have stopped bleeding.

1. Move to a safe location off the roadway. Switch on hazard lights and set up triangles or flares where available.
2. Call emergency services if anyone is injured — 10111 for SAPS, 112 from a cell phone, or the relevant metropolitan fire and ambulance line. Do not delay medical assessment to gather evidence.
3. Photograph the scene before vehicles are moved: vehicle positions, debris fields, skid marks, damage to your vehicle, the surrounding area, road markings, traffic signs, and any visible damage left behind on the fleeing vehicle (a broken mirror, paint transfer on your car, parts on the road).
4. Note the exact time, location (street name or GPS pin), weather and light conditions, and the direction in which the other vehicle fled.
5. Identify witnesses and capture names and contact numbers before they leave the scene.

Reporting the Hit-and-Run to the SAPS

Open a SAPS case file at the nearest station as soon as practicable. A SAPS case number is required for any subsequent RAF claim and is the formal record that the offence was reported. The South African Police Service maintains a published FAQ on vehicle-accident reporting that confirms the reporting obligation and the documents you should bring.

When opening the case, take the following steps:

• Bring your ID, vehicle registration document, driver’s licence, and any photographic evidence already captured at the scene.
• Request a copy of the SAPS occurrence / CAS number and the investigating officer’s contact details; keep these for your attorney.
• If the offending vehicle’s registration, make, model, or colour is known (or partially known), provide that detail to the investigating officer — it materially improves the chance of tracing the driver.
• Request that the docket be flagged as a failure-to-stop / fleeing-the-scene offence so it is allocated to the relevant investigating unit.

Medical Treatment and Documentation

Seek medical treatment on the same day, even for apparently minor injuries. Gaps in treatment are routinely used to dispute the causal link between the accident and the injury, and soft-tissue injuries (the most contested category in RAF claims) often present with delayed symptoms. Describe every symptom to the treating doctor, including soft-tissue pain, headaches, dizziness, and cognitive symptoms — the medical record is the principal evidence in these matters.

Item to keep	Why it matters
Clinical consultation notes	Records the symptoms you reported at the time of treatment
Prescriptions and dispensing records	Show ongoing symptom management and the nature of the injury
Radiology reports (X-ray, MRI, CT)	Provide objective evidence of structural injury
Referral letters to specialists	Demonstrate the seriousness attributed by the treating doctor
Discharge summaries from any hospital admission	Anchor the acute phase of the injury for the medico-legal expert

If you are unable to attend a medical facility immediately, document the reason (hospital admission, shock, family circumstances) and attend as soon as reasonably possible. The reason for any delay is itself part of the evidentiary record.

Evidence Preservation: Building the File Beyond the Scene

The first hour captures what is visible at impact. The days that follow decide whether the rest of the evidence survives. Each of the following items can materially strengthen a hit-and-run claim, and most of them have short retention windows.

• Vehicle damage: Do not repair your vehicle before it has been assessed. The damage pattern (point of impact, paint transfer, indent depth) is itself evidence and may carry trace evidence from the offending vehicle.
• Dashcam, CCTV, and cell-phone footage: Request any nearby business or municipal CCTV footage before it is overwritten. Many municipal CCTV systems retain footage for only 24 to 72 hours.
• Vehicle tracking and telematics: If your vehicle has a tracking device, request the trip and impact data from the service provider. Impact logs are powerful evidence of speed and direction at the moment of collision.
• Social media and traffic reports: Arrive Alive and traffic-reporting social media channels often carry eyewitness accounts posted within minutes of an incident. Preserve screenshots with visible timestamps.
• Witness statements: Even brief written statements from witnesses, signed and dated, are more useful than verbal recollection weeks later.

The Legal Position: Why the Other Driver’s Conduct Matters

Section 61 of the Road Traffic Act 93 of 1996 imposes a statutory duty on a driver involved in a collision to stop, ascertain the extent of any injuries, render reasonable assistance to any injured person, and exchange identifying details. Failure to comply is an offence under the Criminal Procedure Act 51 of 1977 and is listed in Schedule 1 of that Act, which permits arrest without warrant by a peace officer.

The state prosecutes the offence; the victim’s role in the criminal process is principally as the complainant and a witness for the prosecution. Civil recovery runs on a separate track. A criminal conviction of the offending driver is not a prerequisite for a civil or RAF claim, but it materially strengthens the evidentiary basis for the civil claim, because a court adjudicating the civil claim can take the criminal finding into account.

Pursuing a Road Accident Fund (RAF) Claim

The RAF compensates victims of motor-vehicle collisions for bodily injury under a statutory framework administered centrally by the Fund. A claim may be brought where the identity of the driver, owner, or vehicle is established, or — in qualifying circumstances — where the statutory requirements for an unidentified-driver claim are met.

The procedural path differs depending on whether the driver is traced:

Scenario	Police reporting	Evidentiary burden	Typical claim path
Driver stops and exchanges details	Still required for record	Standard — relying on police report and identification	Direct RAF claim against identified driver / insurer
Driver flees but is traced via registration or CCTV	Required and central to tracing	Reasonable-steps evidence to identify the driver	RAF claim proceeds once driver is identified
Driver and vehicle unidentified	Required (case must still be opened)	Higher — victim must show reasonable steps taken to identify	Claim possible in qualifying circumstances; specialist attorney guidance is essential

Where the driver is identified, the claim proceeds against the RAF in the usual way, with the SAPS docket and identifying details providing the link between the accident and the insured vehicle. Where the driver is unidentified, additional evidentiary steps are required: the victim must show that reasonable efforts were made to identify the driver (witnesses canvassed, CCTV requested, social media and traffic reports checked) and that the statutory requirements for an unidentified-driver claim are otherwise satisfied.

Prescription: The Two-Year Window

RAF claims are subject to a strict two-year prescription period from the date of the accident, or in some circumstances from the date the identity of the driver becomes known. The limitation period is strict and is not easily extended — instructing an attorney early is the safest course. Claims are lodged with the RAF and, if not settled within the prescribed period, proceed to litigation in the appropriate court. An attorney handles pleadings, expert medico-legal reports, and settlement negotiation.

What Not to Do After a Hit-and-Run

A hit-and-run claim is won or lost on what the victim did — and did not do — in the days after the collision. The following actions actively harm a claim and should be avoided.

• Do not chase the fleeing vehicle. This creates a second collision risk and exposes you to a charge of reckless or negligent driving.
• Do not repair or dispose of your vehicle before it has been photographed and, where appropriate, independently assessed.
• Do not give a recorded statement to any insurer (including your own) before consulting an attorney — recorded statements are often the basis on which a claim is later disputed.
• Do not accept a direct offer from the offending driver or their family before speaking to a lawyer. Once accepted, further compensation is usually foreclosed.
• Do not delay medical treatment or fail to follow up on referrals — gaps in treatment weaken the claim materially.

Working With an Attorney on a Hit-and-Run Case

An attorney coordinates the SAPS docket, the evidence preservation, the medical-record compilation, the expert appointments where required, and the RAF lodgement. MVA and RAF claim work is partner-grade litigation: it requires familiarity with the RAF claim process, current practice directives, and the medico-legal evidence the Fund routinely disputes.

Choose a firm with a dedicated litigation practice (not only a general-practice office) and one that handles MVA claims as a routine matter, not an occasional instruction. Fees are typically structured on a contingency / no-success-no-fee basis for RAF claims; confirm the cost arrangement in writing before signing the mandate.

Burger Huyser Attorneys’ general litigation department runs MVA and RAF claim work as a core service line under a director with a documented MVA-claims specialism, with intake available across all nine Gauteng branches and through the Linden head office for clients elsewhere in South Africa.

Frequently Asked Questions

Is hit-and-run a criminal offence in South Africa?

Yes. The Road Traffic Act 93 of 1996 imposes a duty on a driver involved in a collision to stop, render assistance, and exchange identifying details; failure to do so is an offence prosecuted under the Criminal Procedure Act 51 of 1977 and listed in Schedule 1 of that Act, which permits arrest without warrant. The criminal process is run by the state — the victim is the complainant, not the prosecutor.

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

There is no formal deadline for opening a SAPS case file, but reporting should happen as soon as practicable — the longer the delay, the harder it is to trace the offending vehicle and the weaker the evidentiary basis for any subsequent claim. A SAPS case number is also required before an RAF claim can be lodged in most circumstances.

Can I claim from the RAF if the driver who hit me is never found?

Potentially, but the evidentiary burden is higher. The victim must show that reasonable steps were taken to identify the driver (witnesses canvassed, CCTV requested, social media and traffic reports checked) and that the statutory requirements for an unidentified-driver claim are otherwise satisfied. Specialist attorney guidance is essential in these claims because the RAF routinely disputes them.

How long do I have to lodge an RAF claim after a hit-and-run?

RAF claims are subject to a two-year prescription period from the date of the accident, or in some circumstances from the date the driver’s identity becomes known. The limitation period is strict and is not easily extended; instructing an attorney early is the safest course.

Do I need a lawyer for a hit-and-run claim, or can I lodge with the RAF directly?

A victim can lodge a claim directly with the RAF, but the lodgement, evidence compilation, expert medico-legal reports, and any subsequent litigation are procedurally demanding and the RAF disputes claims on multiple grounds. Most claimants instruct an attorney, typically on a contingency basis, to run the file.

What if the other driver contacts me after the accident offering to pay?

Do not accept any settlement, sign any document, or agree to any direct payment before speaking to a lawyer. Once a settlement is accepted and signed, the right to claim further compensation from the RAF or the driver is usually foreclosed. Take the contact, note the details, and refer the matter to your attorney.

If you have been the victim of a hit-and-run, Burger Huyser Attorneys’ litigation practice can coordinate the SAPS docket, the medical-evidence file, and the Road Accident Fund lodgement on your behalf. The firm runs MVA and RAF claim work through its general litigation department, led by a director with a documented specialism in MVA claims, and instructs across all nine Gauteng branches. To start a file, contact the head office on 011 888 0246 (after-hours 061 516 6878) or visit 49 First Avenue, Linden, Randburg, 2194. The firm carries a 4.8/5 average across 250+ Google reviews (Trustindex verified “Top Rated Law Firm in South Africa”) and offers a transparent initial conversation about prospects and costs before any mandate is signed.