An accident can change your life in the blink of an eye, and there are multiple steps you should follow to ensure that you and your belongings come out the other end in the best possible shape.
We spoke to Arrive Alive (AA) to find out what are the best practices for South African road-users after they are involved in a crash.
What to do with your car
According to AA, the law states that you should do the following immediately after a crash:
- Stop the vehicle and switch on hazards
- Establish the extent of damages and injuries
- Assist injured motorists to the best of your ability, including calling emergency services
- If you don’t know first aid, do not aggravate an injury
- Remain at the scene of the crime unless you are obliged to assist an injured person or until police permit you to leave
- If possible, position an emergency triangle 45m away from the scene to alert oncoming vehicles
AA said a driver who fails to stop after being actively involved in an incident can be charged with a “hit and run” and is liable to be prosecuted. They will be fined up to R36,000 if found to be guilty or sent to prison for a maximum of nine years, possibly both.
If you damage another party’s property – be it a car, fence, or electricity box – you are also obliged by law to report the incident to a police station or authorised office of a traffic officer. However, this does not apply if only you are involved in the accident, for example when hitting a tree.
“You should also call the police if you suspect any of the drivers involved in the accident are under the influence of alcohol or drugs,” said AA.
When calling emergency services, AA said to give your name, number, location, and details of the accident, including the number of people injured.
Motorists are urged to proactively save emergency contacts on their devices, including:
- Ambulance – 10177
- Police – 10111
- Emergency – 112
Calling 112 puts you through to a call centre with an automated menu, which will categorise the emergency and route it to the appropriate responders.
AA also warns that you should not ingest any alcoholic substances or narcotics after an accident unless it is administered by a medical practitioner for treatment of injuries or shock. Doing this could affect your ability to accurately recall the incident as well as make it more difficult to establish whether you were intoxicated while driving.
Collecting information
After the above steps have been taken care of, AA said it’s legally required to provide your information to “anyone who has reasonable grounds to request it” – including other drivers involved in the accident as well as law enforcement officials.
You must then collect the details of other drivers and witnesses, too, and record the registration and licence numbers of the vehicles involved.
It is also advised to take photos of the following elements, according to Stan Bezuidenhout from Crash Guys International:
- The positions of vehicles, from far enough away to show how and where they came to rest, relative to the roadway and any substantial features in the immediate area.
- The general scene, including all vehicles and elements if possible, from all available elevated positions, structures or higher vehicles, preferably showing the whole scene.
- The 4 sides and 4 corners of each vehicle and/or trailer, individually, from far enough away to show the whole side or the two sides forming a corner.
- The damages to each vehicle or trailer, from at least three angles and a higher angle, from far enough to show the vehicle clearly and from close enough to show the damages properly, if possible.
- The license disks and/or licence plates, signage, branding, and the make and model of each vehicle and all trailers involved.
- The vehicle/s of attending services (law enforcement unit/s, ambulances and/or fire services, towing and recovery units) and any other services and private vehicles present.
- Any road surface evidence, like scratch marks, gouges, deposits, and fluid spills, tyre marks, debris, or any other relevant visible evidence from multiple sides – at the beginning, end, and along the length – and in relation to the scene as a whole.
- Any obstructions, road closures, road works, road markings, signs, mile markers, unique features or traffic or pedestrians, at the scene – from multiple angles.
- Driving licenses, ID Documents, Passports, or other identification or business cards of all involved drivers, passengers, witnesses or involved parties, as far as possible.
- Contamination of evidence like vehicles being opened by Jaws of Life moved or lifted to free entrapped occupants, photograph this happening – but only if possible and from far enough away not to show faces of victims.
“This list is inclusive of the minimum evidence that would best serve the most basic requirements to be of benefit in any insurance claim, dispute, or trial” – and it may be shared as long as it remains unedited and the original author is acknowledged, said AA.
Reporting to the police
You are legally required to report an accident where other parties are involved to a police station or authorised office of a traffic officer within 24 hours, with your driving licence in hand.
If your injuries do not permit this, the accident must be reported as soon as “reasonably practicable.”
If all the drivers involved amicably decide to refrain from pressing charges and pay for the damages themselves, the police do not need to be called to the scene of the accident. However, all the drivers must still report it to a station or traffic office within 24 hours.
Failing to report an accident in which another party’s property was damaged may lead to being served with an infringement notice in line with the Aarto rules, or a written notice to appear in court.
Calling a tow truck
AA said the South African police is responsible for the removal of a vehicle if:
- A person is killed
- A person is seriously injured
- The driver is arrested for driving under the influence
- The vehicle is connected to a previous criminal offence
In these situations, the police will remove the vehicle using its own service provider and take it to a police facility for safekeeping and investigation.
If the above doesn’t apply, AA recommends that you only call a tow truck service that is authorised by your insurer. If this is not possible, ask the tow truck operator for a quote before your vehicle is taken away.
Also write down the name, contact details, and vehicle registration number of the driver and tow truck, and find out where your vehicle is being taken – thereafter inform your insurance company of these details as soon as possible.
Claiming damages from the Road Accident Fund
“Under South African law, you can’t sue another person for compensation for damages for injuries sustained in a road accident,” said AA.
However, for serious injuries where you were not solely to blame, you can claim compensation from the Road Accident Fund (RAF).
You can institute a claim directly to the RAF or consult an attorney who specialises in RAF claims on the validity of your case.
What not to say
AA said you should be careful of what you say after an accident as even a seemingly innocent remark may be recorded in police statements and used in court.
You should not admit blame and should not agree to settle without the help of an attorney.
You also shouldn’t offer any payment to individuals involved in the incident as it can be construed as a bribe.
Additionally, general statements such as “I’m sure my insurance will take care of it”, “I didn’t see you”, or “I’m fine and don’t need medical help” can be against your best interests and could implicate guilt in certain situations, therefore it should be avoided.
Keyword: Your responsibilities after being in an accident