South Africans involved in car accidents or crashes need to be aware that there are legal steps to take and insurance protocols to follow once the dust settles.
These range from calling emergency services to not verbalising any feeling of guilt, and can make the legal and insurance claims processes easier to navigate.
Dipesh Radia, Chief Commercial Officer (CCO) at Momentum Insure, explains that car accidents are, by their very nature, unpredictable.
“Even the most cautious drivers can find themselves in a collision that leaves them feeling shaken, confused, and overwhelmed,” Radia notes.
He adds that it is in extreme, high-stress moments that adrenaline tends to take over, making it difficult for an individual to think clearly.
“However, the actions you take in the first thirty minutes after an accident are critical, not only to protect your physical well-being but also to safeguard your legal position and the success of your insurance claim,” says the COO.
As South Africa’s weather patterns start to change, bringing more rain and other disruptions, the risk on the road is increasing for motorists, and knowing what to do after an accident can protect your safety and finances.
“Having the right insurance in place ensures that when the unexpected happens, you aren’t facing the aftermath alone,” notes Radia.
He also advises motorists to regularly review their cover levels, adding that the best time to prepare for a crash or accident is long before it happens.
“Adequate insurance cover provides a safety net of professional support, legal guidance, and financial protection against the rising costs of repairs and third-party liabilities,” he explains.
What to do after an accident
Knowing the correct legal protocol to follow after an accident is crucial, which is why Radia shared five essential steps every motorist should take immediately after a collision.
He explains that the priority is to first ensure everyone involved’s well-being, checking yourself and your passengers for injuries before assessing the damage to the vehicle.
If the vehicle is functional and it is safe to do so, Radia says drivers should move their vehicles out of the flow of traffic, turn on their hazard lights and deploy a warning triangle.
In South Africa, you are legally required to call the police to the scene of an accident if there are injuries, state-owned property is involved, or the other driver flees the scene.
“Having the right insurance provides a distinct advantage here,” explains Radia.
“Many modern policies include access to emergency roadside assistance and medical dispatch services, ensuring that professional help is only a phone call away.”
The next step is to document the scene of the collision thoroughly, taking comprehensive photos and videos of vehicles involved before they are moved, as well as damage to all cars, the surrounding area, and license discs.
This evidence will help insurance companies reconstruct the event and process claims more accurately.
Radia advises motorists to exchange details, which is legally required in South Africa, but adds that they should not admit liability.
Ensure you collect the following:
- Full names and ID numbers
- Contact numbers
- Insurance provider details.
“While it’s important to be polite, don’t apologise or admit fault at the scene,” advises Radia.
“Liability is a legal determination based on all available evidence; making an emotional admission in the heat of the moment can complicate the legal and claims process later.”
All accidents must be reported to the South African Police Service (SAPS) within 24 hours to obtain an Accident Report number – a mandatory requirement for an insurance claim.
Radia notes that once the scene has been secured and details exchanged, it is essential to notify your insurer as soon as possible.
“Your insurer will arrange for approved towing services; guide you through the claims and repair process, and ensure you aren’t left stranded,” he concludes.
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