Motor Vehicle accidents can cause a wide variety of injuries, from minor scrapes and bruises, to permanent disability and death. If you are a driver, passenger, motorcyclist, cyclist or pedestrian and have been seriously injured in road accident on South Africa’s roads, you can claim compensation from the Road Accident Fund.
Injury compensation claims for road traffic accidents is covered by the RAF, where a percentage of all petrol and diesel purchased in South Africa is used to finance the state-supported Road Accident Fund. The Fund, which is a de facto insurer, compensates those who are seriously injured in road accidents.
If you were the driver, the law obliges you to report any accident to the police within 24 hours, especially if someone was injured. If you are badly injured and were not able to report within 24 hours, you must report the accident as soon as possible.
- Motor Vehicle accidents
- 3rd Party Claims / personal liability
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Tips for dealing with the situation
Quantification of damages
The driver of a vehicle at the time when such vehicle is involved in or contributes to any accident in which any person is killed or injured or suffers damage in respect of any property, including a vehicle, or animal shall if he or she has not already reported the accident to a police or traffic officer at the scene of the accident, and unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident, as soon as is reasonably practicable, and in the case where a person is killed or injured, within 24 hours after the occurrence of such accident, or in any other case on the first working day after the occurrence of such accident.
The official Accident Report (AR) Form must be completed for all road accidents which occur on a public road and where a vehicle was involved, i.e. all roads where the public or part of the public has right of access. This could include private property.
Call the police
Emergency call – POLICE – 10111
Emergency call – AMBULANCE – 10177
Report the accident to any police officer at a police station or at any office set aside by a competent authority(eg. Metro Police) for use by a traffic officer, and there produce his or her driving licence and furnish his or her identity number and such information as required. This must be done in terms of Section 61 of the National Road Traffic Act, 1996 (Act 93 of 1996).
If you were a passenger, and not seriously injured, or a witness to the accident, take as many photographs as possible. This will assist not only the police, but also the people involved in the accident.