In this informative article, we look at what a person must do after a motor vehicle accident! 

What must a person do after a motor vehicle accident? 

• Call the police or report the accident to the nearest police station: 

• Within 24 hours if a person is killed or injured; or 
• On the first working day after the accident if no one was killed or injured. 

• Write down the police officer’s name and the accident report’s reference number. 
• Co-operate with all emergency personnel and police who respond to the accident. 
• Get the details of all other motor vehicles involved in the accident, such as the drivers’ names, identity numbers, addresses, telephone numbers, description of the motor vehicles, the registration numbers, and any relevant details from the licence discs; the date, time, and address of the accident; the weather and road conditions when the accident occurred; and any other information that may be relevant. 

• If an employee is driving a motor vehicle on behalf of his/her employer, the details of the driver and the employer must be taken. 
• Write down the names, addresses, and phone numbers of all potential witnesses to the accident. 
• Take photographs or a video of the following: 

• The scene of the accident, from all angles; 
• The surrounding area; 

• The injuries; and 
• Any damage to property. 

• Draw a sketch plan of the accident scene and make sure that it contains a fixed point so that it can easily be traced. Also, make a statement about how the accident happened. This sketch and statement will remind a person of all the details of the accident at a later stage. 
• If a person has been injured, a doctor must be consulted immediately, even if the injury is not serious. 
• If the person is insured, that person must notify his/her insurance or broker as soon as possible. Write down the name of the person spoken to at the insurance and the reference number of the claim. 

What must a person NOT do after an accident? 

• Move his/her motor vehicle; unless it is necessary for safety or required by law. 
• Subject himself/herself to further injury by standing or waiting in an area near traffic or close to other safety hazards. 
• Leave the scene of the accident until the police tell him/her to do so. 
• Throw away any potential evidence, such as defective products, important documents, or torn or blood-stained clothing. 

• Engage in discussions of fault with anyone as that can be considered evidence in court – do not admit liability. 
• Agree to settlement terms without discussing the matter with an attorney. 

Can a person claim damages to his/her motor vehicle from the Road Accident Fund (“RAF”)? 

• No, the RAF does not cover damages to a person’s property, such as: 

• Damage to his/her motor vehicle; 

• Damage to his/her other property, for example, clothes; or 
• Damage to his/her fence or house when someone drives off the road and into the house. 

• If a person wants to claim for his/her damaged property, s/he will have to institute a claim in court against the driver of the motor vehicle and/or his/her employer if s/he was driving a company motor vehicle. 
• A person has a right to claim for damages caused by injury or death from the RAF if s/he is a victim of an accident as a result of another person’s wrongful (negligent) driving. 
• The RAF may compensate a victim of an accident for injury, and in the event of death, it may compensate the dependents of that victim for their loss. 

How does a person know if the other driver was negligent? 

A person alleging negligence will have to show that the other driver did not act reasonably in the circumstances, that the driver should have been able to foresee the damage he/she caused and should have taken reasonable steps to prevent such damage. These are some examples of negligent driving: 

• Driving at an excessive speed or more than the speed limit; 
• Failing to keep a proper look-out; 
• Failing to keep the motor vehicle under proper control; or 

• Driving whilst under the influence of alcohol or drugs. 

What happens if a person is not insured? 

• If a person is insured, s/he will have to claim damages from his/her insurance. The insurance company will then have to claim from the person who caused the damage to the insured person’s motor vehicle or property. 
• If a person is not insured, s/he will have to claim from the person who caused damage to his/her motor vehicle or property. 
• If a person has a claim for less than R20 000, s/he may pursue his/her claim in the Small Claims Court (legal practitioners are not allowed in the Small Claims Court). 

• If a person wants to claim more than R20 000, s/he will have to pursue his/her claim in the Magistrate’s Court or High Court with the assistance of a legal practitioner, such as an attorney. 

 

But the most important thing you need to do is arrange for your auto body repairs to be done with us! We will have your beloved vehicle back in showroom condition in no time. 

You can also have peace of mind knowing that we are insurance-approved! 

Through feedback derived from approximately 85 764 customers during 2021, representing 702 qualifying MBRs, Giorgio Express Auto Body Repairs located in Margate, KwaZulu-Natal has been recognised as the top Panel Beater in South Africa as well as a PMR Diamond awarded recipient.  

Our staff are highly qualified and experienced. Together with our state-of-the-art equipment, we can ensure that you and your vehicle are in good hands. We specialise in complex and intricate repairs, spray painting and polishing of the highest quality. 

For more information: 

marco@giorgioexpress.co.za | (039) 317 3534 or WhatsApp (072) 612-5747 

Directions to our workshop 

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If you find yourself part of a collision, please contact us on our 24-hour line (072) 612-5747 and we will be there to help. 

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Approved service centre for Alfa Romeo, Audi, Chevrolet, Chrysler, Citroen, Dodge, Datsun, Fiat, Ford, GWM, Haval, Honda, Hyundai, Isuzu, Jeep, Kia, Lexus, Mazda, Mercedes Benz, Mitsubishi, Nissan, Opel, Peugeot, Renault, Smart, Toyota and Volkswagen. 

Source: https://www.legalwise.co.za/