Drunk driving incidents are an all-too-common occurrence on the roads in South Africa, and these incidents tend to spike during the holiday season.
A vehicle accident of any kind can be a harrowing experience for all parties involved, but it’s of utmost importance that certain actions be performed as quickly as possible in order to save lives, follow legal procedures, and make the process of claiming damages that much easier in the period following the incident.
TopAuto reached out to Naked Insurance for more information on what to do in the event you are involved in a drunk driving accident.
What to do
In the event of a vehicle accident, all drivers are required by law under the Road Traffic Act of 1996 to immediately stop their cars, and fleeing from the scene of the incident can lead to fines or even jail time.
Immediately following the accident, you should first check for injured parties and call emergency services at 10177 or 112 on your phone.
“If a person was injured, you are legally obliged to help the injured party,” said Ernest North, co-founder of Naked.
“If you’re not a doctor or nurse, there is probably not much you can do. However, if the person is lying in the road and you can help them from being exposed to further risk (like ongoing traffic), you should help to get them out of harm’s way.”
In the event that you suspect one or more of the parties involved are intoxicated, you should also call the police on 10111, since driving while under the influence is a criminal offence.
Finally, you should call your insurance company to tell them about the incident. Many insurers can also be notified through an associated mobile app.
As for your vehicle, unless it is actively blocking traffic, you should leave it where it was when the accident occurred until a traffic officer instructs you to move it.
“If a towing service tries to move your vehicle or any other vehicles that were involved in an accident in which someone was harmed, you should inform them they are contravening the Road Traffic Act and ask them to stop,” said North.
If there’s reason to suspect that one of the drivers is intoxicated, it is in your best interests to make sure that a breathalyzer test is performed on the scene.
If their alcohol level is found to be high, they will be arrested and a blood test should be administered within two hours of the incident.
This will be used as evidence in a court proceeding and can help you with your insurance claim.
Before leaving the scene, you should gather the following information:
- Contact details of other motorists, as well as photos of their driving licences
- Contact details and descriptions of any eyewitnesses – this is particularly important if the other drivers are being uncooperative.
- Photos and locations of any nearby cameras
Claiming damages
For claiming damages from your insurer, you will need to get a case file number from one of the officers on the scene, but if this is not possible you can go to the nearest police station and file a case there.
If your car is damaged, you should submit a claim to your insurer as soon as possible. If the other person is found to be intoxicated at the time of the accident, their insurer will likely not cover their claim, and so your insurance provider will likely try to recover your costs and excess directly from the other driver, according to Naked.
In the event the accident leads to injury and associated costs, such as medical expenses or a loss of income, the injured party will need to claim from the Road Accident Fund (RAF).
If a person dies as a result of the accident, their estate will also be able to claim from the RAF.
Keyword: How to handle a drunk driving accident