It’s one of the most frustrating situations you can find yourself in after a car accident. The other driver admitted it was their fault at the scene — maybe they even apologized, or sent a voice note saying so. But now, weeks later, they’re not answering your calls, their insurer is disputing liability, or they’ve simply stopped responding altogether. You’re sitting with a repair bill you paid out of your own pocket, and no one is helping you get that money back.

You are not without options. Here’s what you need to know.

An Admission of Fault at the Scene Doesn’t Automatically Guarantee Payment

This is the hard truth that many people discover too late. Under South African law, a verbal admission of fault at an accident scene carries very little formal weight on its own. Insurers assess liability independently based on evidence — the police report, witness statements, vehicle positions, road conditions, and other factors. Even if the other driver told you it was their fault, their insurer may still dispute the degree of liability or reduce the payout.

This is why collecting solid evidence at the scene — photographs, witness details, a police case number — is so important. That evidence becomes the foundation of your claim.

Option 1: Claim Against the Guilty Driver’s Insurer

If the other driver has comprehensive or third-party vehicle insurance, you have the right to submit a claim against their insurer for the damage to your vehicle. You are not their client, which means the insurer has no legal obligation to treat you the same way they treat their own policyholders — but you are still entitled to submit a claim and receive a response.

You’ll need to provide the police case number, photographs of the damage, a repair quote from an accredited panel beater, and the other driver’s details and policy information. The insurer will then assess the claim and make a ruling on liability.

Be aware that insurers often offer a reduced settlement based on a percentage of liability rather than the full repair cost. You are entitled to negotiate if you believe the offer is unfair — but as an unrepresented claimant, this negotiation can be challenging.

Option 2: Send a Letter of Demand

If the guilty driver is uninsured or their insurer is unresponsive, the next step is a formal letter of demand. This is a written notice sent to the guilty party stating the amount you are owed, the basis of your claim, and a deadline for payment — typically 14 days. A letter of demand signals that you are serious about pursuing the matter and are prepared to take further action if necessary.

A letter of demand sent by a professional debt collection or claims service carries significantly more weight than one sent by an individual. It signals that someone with knowledge and resources is managing the claim, and that ignoring it will have consequences.

Option 3: Small Claims Court

If the amount you are owed is R20,000 or less, you can take the matter to the Small Claims Court. This process does not require a lawyer, is relatively affordable, and is designed to be accessible to ordinary people. You will need to prove your case with supporting documentation — the police report, photos, repair quotes, and any written acknowledgment of fault from the other driver.

For amounts above R20,000, you would need to approach the Magistrate’s Court, which is a more involved process and typically does require legal representation.

Option 4: Use a Professional Claim Recovery Service

For many people, the most practical option is handing the matter to a specialist who knows how to recover money from reluctant parties and their insurers. A professional claim recovery service will contact the guilty party and their insurer on your behalf, negotiate a settlement or payment arrangement, and follow through until the money is collected.

The key advantage is that you don’t have to manage any of this yourself. No uncomfortable confrontations, no chasing unanswered calls, no navigating insurer processes you’re unfamiliar with. And if the service operates on a No Success, No Fee basis, there is no financial risk to you for trying.

Don’t Wait Too Long

It is important to act promptly. In South Africa, civil claims for damages generally prescribe (expire) after three years. While that may seem like a long time, the longer you wait, the harder it becomes to collect — witnesses forget details, evidence is lost, and some individuals deliberately delay hoping the claimant will give up.

The moment you feel the other party is stalling or avoiding payment, it’s time to escalate.

We Can Help

At MyLawSA, this is exactly what we do. If the driver who caused your accident is refusing to pay — whether they’re uninsured, insured but stalling, or simply ignoring you — we contact them on your behalf, negotiate, and collect. We work on a No Success, No Fee basis, meaning you only pay us when we get results.

Tell us about your situation and find out if we can help — at no upfront cost.

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