Written by: Jeanne-Mari Tromp

September 2024

A Legal Guide to Car Accident Law in South Africa

A car accident can be a traumatic and disorienting experience, leaving you unsure of what steps to take in the aftermath. Your decisions immediately following an accident can significantly impact your legal rights, insurance claims, and financial well-being.

At Burger Huyser Attorneys, we understand the complexities of South African road laws and the challenges individuals face after an accident. This guide outlines the essential steps after a car accident to ensure your safety, protect your legal rights, and simplify the claims process.

What Steps Should You Take At The Scene Of The Accident?

The first step is to remain calm and assess the situation, then proceed to:

  • Check for injuries: Ensure your safety and that of your passengers.
  • Move Your Vehicle: If possible and safe, move your vehicle to the side of the road to prevent obstructing traffic.
  • Contact Emergency Services: Call 112 for medical assistance or 10111 for police support, especially in cases of severe injuries or significant damage.

The presence of law enforcement is crucial for documenting the incident and creating an official record.

Do You Have To Provide The Other Driver Involved In An Accident With Your Details?

Yes, you should exchange contact and insurance details with the other driver. This includes:

  • Full names and contact numbers
  • Vehicle registration numbers
  • Insurance company names and policy numbers

If possible, take photos of their vehicle and any damage.

What Information Should You Gather At The Scene?

Gathering evidence is critical for legal and insurance purposes, so ensure that you:

  • Take Photographs: The first will be to record the scene and take pictures of the collision scene that include the positions of the vehicles, any damage, skid marks, and any pertinent road signs. For legal actions as well as insurance, this will be information that is essential for both routes.
  • Identify Witnesses: Secondly, identify whether there are any witnesses. If there are, ask for the names and contact information of any witnesses. Statements from witnesses can be a very useful tool for providing your version of events.

What If The Accident Was Not Due To Your Negligence?

If another driver caused the accident, you may seek compensation for damages. Here’s how to proceed:

  • Report the accident: You can proceed with the claim by reporting the accident. Make sure you report the accident to the authorities, particularly if it was the fault of the other driver. Notify the police and obtain an accident report. This is essential for insurance claims.
  • Inform your insurance provider: When interacting with insurance companies, this report will come in very handy. After reporting it to the police, you can proceed to report the accident to your insurance provider. Provide them with all necessary details and documentation.

What If You Were At Fault In The Accident?

Even where you believe you might have been at fault, be cautious not to admit fault immediately. You may not be aware of external influences that may have caused the accident, and you may not be at fault. Proceed to do the following:

  • Gather evidence:
  • Remember to gather evidence, record the scene, and gather witness statements; this will help the insurance company handle the claim more effectively.
  • Follow insurance procedures:
  • Your insurer will investigate and manage the claim on your behalf.

How Do You File An Insurance Claim?

Filing a claim involves three key steps:

  • Contact your insurer: Call your insurer and inform them about the accident; they will assist you with the specific claims process.
  • Complete claim forms: Complete all the forms; the form should be submitted along with all the evidence gathered on the scene.
  • Submit evidence: Include photographs, witness statements, and the police report.

What If Your Claim Is Denied?

You are entitled to file an appeal if your claim is denied by following these steps:

  • Request an explanation: Before proceeding, it’s crucial to ask your insurance company for a formal explanation of the denial. Understanding their reasoning is important for identifying your next steps.
  • Provide additional evidence: Collect further supporting documentation for your case, such as supplementary witness statements or expert opinions, if at all possible.
  • Seek legal advice: If you believe the denial to be unfair, you might want to speak with an insurance claims lawyer. They can offer advice on your legal remedies, including potentially pursuing litigation.

What Are Your Legal Rights After A Car Accident?

Compensation for damages:

  • If the accident was not your fault, you have the right to seek compensation for various damages, including:
  • Vehicle repairs
  • Medical expenses
  • Loss of income
  • Pain and suffering

Third-Party claims:

  • If your insurance does not cover all your costs, you can file a claim against the other driver’s insurance. This is known as a third-party claim.

Do You Need Legal Representation After A Car Accident?

Although legal representation isn’t mandatory, it can be highly advantageous in certain situations. For instance:

  • If there are disputes about fault,
  • If you’ve sustained significant injuries or losses,
  • If you need to file a third-party claim,

Having an attorney can make a significant difference. An attorney can navigate the complexities of the legal system and effectively stand up for your rights, ensuring that you receive the support you need.

What Happens If You Are Taken To Court After A Car Accident?

If your case proceeds to court:

  • Both parties will have the chance to present their evidence in court if your case moves that far along. In this case, having an attorney is essential to assist you in successfully navigating the legal process’s complications.
  • The potential outcomes are not limited. You might be awarded damages, but there’s also a possibility that the court will find you partially liable, in which case the amount of damages you receive will be reduced.

Legal representation is essential to navigate this process effectively and ensure your interests are protected. You can better understand the circumstances and defend your interests by working with an experienced attorney.

What Legislation Should You Familiarise Yourself With To Know What To Do After A Car Accident?

Understanding relevant laws can help you navigate the process. Key legislation includes:

  • The Road Accident Fund Act 56 of 1996 governs compensation for road accident victims.
  • The National Road Traffic Act 93 of 1996 regulates road safety and driver conduct.

Although being in a car accident might be frightening, knowing your rights and obligations can reduce your anxiety and stress.. Remain composed, obtain the necessary information, and get in touch with your insurance provider. Don’t be afraid to obtain legal advice where required, to make sure you are compensated for your damages.

When facing legal or insurance disputes, don’t hesitate to consult Burger Huyser Attorneys. Our experienced legal team is here to guide you through the complexities of post-accident processes and assist you in securing the compensation you are owed.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE