Being involved in a motor vehicle accident raises a lot of questions — about your rights, your insurance, and what to do next. Below we answer the most common questions South Africans have after a road accident, in plain, straightforward language.

1. Am I legally required to report a car accident to the police?

Yes. Under Section 61 of the National Road Traffic Act 93 of 1996, you are required to report any accident involving injury, death, or damage to property to the nearest police station within 24 hours. Even for minor accidents with no apparent injuries, reporting is strongly recommended as it creates an official record that can protect you in the event of a later dispute. Failing to report a qualifying accident is a criminal offence.

2. What is the Road Accident Fund (RAF) and can I claim from it?

The Road Accident Fund is a state-run insurer that compensates people injured — or the families of people killed — in motor vehicle accidents on South African roads. It is funded through a levy built into the price of petrol and diesel, which means every time you fill up, you contribute to the fund. Importantly, the RAF covers both South African citizens and foreign nationals injured on South African roads.

You can claim from the RAF if your injuries were caused by the negligence of another driver. The RAF does not cover damage to your vehicle or property — only personal injury, loss of earnings, medical costs, loss of support, and general damages (pain and suffering).

3. What is the deadline to submit a RAF claim?

RAF claims must be submitted within three years of the date of the accident. If the victim is a minor (under 18), the three-year period only begins when they turn 18. Missing this deadline will almost certainly result in your claim being rejected, so it’s advisable to begin the process as soon as possible after the accident.

4. What if the other driver doesn’t have insurance?

This is a very common situation in South Africa, where an estimated 65% of vehicles on the road are uninsured. If the at-fault driver has no private vehicle insurance, it does not affect your ability to claim from the RAF for personal injuries — the RAF exists precisely for this reason. However, if you need to recover the cost of damage to your own vehicle, and you don’t have comprehensive insurance yourself, your options become significantly more limited. You would need to pursue the other driver personally through the civil courts, which can be a difficult and lengthy process.

5. Can I claim from the RAF if the accident was partially my fault?

Yes, but your compensation will be reduced proportionally. The RAF applies a system of contributory negligence — meaning if you were found to be 30% responsible for the accident, your payout will be reduced by 30%. You cannot claim from the RAF if you were the sole cause of the accident (for example, if you drove into a stationary object with no other contributing factors).

6. Should I admit fault at the scene of the accident?

No. Even if you believe you may be at fault, you should never admit liability at the scene. The full circumstances of an accident are often not clear in the immediate aftermath, and statements made at the scene can be used against you in legal or insurance proceedings. Simply exchange information with the other party, cooperate with law enforcement, and let the relevant authorities and insurers make their own assessments.

7. What information must I collect at the accident scene?

You should collect as much of the following as possible: the full name, ID number, driver’s licence number, and contact details of all other drivers involved; vehicle registration numbers; insurance details of all parties; and contact details of any witnesses. Photographs of the vehicles, the scene, road conditions, and any visible damage are also extremely valuable. This information forms the foundation of both your insurance claim and any potential RAF claim.

8. Do I need a lawyer to claim from the RAF?

You are not legally required to use an attorney to submit a RAF claim, and you can approach the RAF directly. However, the RAF claims process can be complex, and many claimants find that having an attorney — particularly one who specialises in personal injury or road accident law — significantly improves their outcome. Attorneys who handle RAF claims typically work on a contingency basis, meaning they are only paid if your claim is successful. If your injuries are serious or your claim is high-value, legal representation is strongly advisable.

9. What happens if the other driver fled the scene (hit and run)?

If the driver who caused the accident cannot be identified, you may still be able to claim from the RAF under a special provision for hit-and-run accidents. However, stricter rules apply — you must report the accident to the police immediately, and the claim must be submitted within two years. You should also seek medical attention right away and ensure your injuries are documented. The RAF’s contact centre can be reached on 087 820 1 111 for guidance on how to proceed.

10. Will a car accident affect my insurance premiums?

In most cases, yes. If you submit a claim — especially if you were at fault — your insurer may increase your premiums at renewal, reduce your no-claims discount, or in some cases decline to renew your policy. The extent of the impact depends on your insurer, the nature of the accident, and your claims history. It’s worth checking your policy documents and having a frank conversation with your insurer or broker to understand how a claim will affect your cover going forward.

Still Have Questions?

Road accidents are stressful, and the legal and insurance processes that follow can feel overwhelming. If you are dealing with the aftermath of an accident and are unsure of your rights, speaking to a qualified attorney or contacting the Road Accident Fund directly is always a good starting point. You can also visit the Department of Justice for information on accessing free or affordable legal assistance.

This article is for informational purposes only and does not constitute legal advice. Always consult a qualified professional for advice specific to your situation.