The moments after a car accident are chaotic. Adrenaline is high, stress is higher, and you need to collect information from a stranger while standing on the side of the road — often with traffic moving past, damage to assess, and emotions running in every direction.

Getting the other driver’s insurance details in that moment is critical — but a lot of people either don’t know exactly what to ask for, don’t know they have a legal right to it, or find themselves dealing with a driver who won’t cooperate. This guide covers all of it.

Do You Have a Legal Right to the Other Driver’s Insurance Details?

Yes. Under the National Road Traffic Act 93 of 1996, drivers involved in an accident are legally required to exchange their details with other parties. This includes their name, contact number, ID number, and vehicle information. While the Act does not explicitly single out insurance details as a standalone requirement, a driver who caused an accident has a civil obligation to you — and refusing to share their insurer’s information while you are pursuing a legitimate claim makes it significantly harder for them to discharge that obligation.

In practice: if the other driver caused the accident, you are entitled to claim from them directly. If they have insurance, that insurer will handle the claim on their behalf. Getting the insurer’s details at the scene is simply the most efficient way to kick off that process.

Your legal right at the scene: You are entitled to exchange details with every driver involved in the accident. Do not leave the scene without collecting the other driver’s name, ID number, contact number, vehicle registration, and insurance provider and policy number where available. This is your right — and exercising it is far easier at the scene than chasing it afterwards.

The Complete List of Details to Get at the Scene

Most people know to get a name and number. Very few get everything they actually need. Here is the full list — and why each item matters:

Detail to collect	Why it matters
Full name	Identifies the driver. Required for any formal claim or letter of demand.
South African ID number or passport number	Verifies identity. Critical if details turn out to be false.
Contact number (mobile)	Primary way to follow up. Get it confirmed by calling it at the scene.
Vehicle registration number	Your most important anchor — links to the owner in eNaTIS regardless of what else they tell you.
Vehicle make, model, and colour	Corroborates the registration. Useful if the plate number is later disputed.
Name of insurance company	The insurer you will need to contact to submit a third-party claim.
Insurance policy number	Allows the insurer to pull up the policy immediately when you call.
Broker’s name and contact (if applicable)	Some drivers use brokers rather than dealing with insurers directly.
Name of employer / fleet owner (if company vehicle)	If the vehicle belongs to a business, the employer may also be liable.
Licence disc details	The disc on the windscreen confirms registration and expiry — photograph it.

Pro tip: photograph everything. Don’t rely on writing it all down in a stressful moment. Use your phone to photograph the other driver’s ID or licence, the licence disc on their windscreen, their insurance documentation if they show it, the damage to both vehicles, and the registration plate. Photos take seconds and are far harder to dispute later. See our full guide on what evidence you need to win a car accident damage claim for a complete scene checklist.

How to Actually Ask for It at the Scene

Most drivers who are at fault will cooperate — especially if police are present or on their way. A direct, calm approach works best. Try:

“I need your full name, ID number, contact number, and your insurance company’s name and policy number please.”

If they start to stall or become evasive, remind them calmly that this is a legal obligation under the National Road Traffic Act. Do not argue or escalate — simply note their behaviour, take as many photographs as you can (especially the plate), and call the police if they have not already been called. If a police officer is at the scene, you can ask them to record the other driver’s insurance details as part of the accident report — the officer has the authority to require this information.

What If the Other Driver Refuses to Give You Their Insurance Details?

Do not leave without the registration plate number. This is non-negotiable. Even if they give you nothing else, the plate links back to the registered owner through eNaTIS.
Call the police if they haven’t been called already. An officer at the scene can formally require the exchange of details. A police report also records the other driver’s refusal, which strengthens your position later.
Note the refusal in writing as soon as you leave the scene. Write down exactly what happened — what you asked for, what they said or did, and at what time.
Do not attempt to physically prevent them from leaving. If they drive away, note everything you can about the vehicle and call SAPS immediately. This may constitute a hit-and-run.

If you later discover the details they gave you were false, read our guide on what to do when the other driver gave you fake details — including how to trace a registered owner through the plate number via legal channels.

If they refuse — the plate is everything. A driver who refuses to provide insurance details but whose plate you have can still be traced. SAPS can query eNaTIS to identify the registered owner. Your claim does not necessarily die because they refused to cooperate at the scene.

What If They Don’t Have Insurance?

Around 65% of vehicles on South African roads are uninsured. If the other driver doesn’t have insurance — or admits it at the scene — your claim is not over. It simply takes a different path.

You can still pursue the driver personally for the cost of repairs through a letter of demand.
If they refuse to pay, you can take the matter to the Small Claims Court for amounts under R20,000, or to the Magistrate’s Court for larger amounts.
Having their correct personal details and the registration plate is essential for this route — which is another reason to collect everything at the scene even if you think they may be uninsured.

This is exactly the scenario MyLawSA was built for. Read our guide on what to do when the other driver won’t pay for your car damage for a full breakdown of your options — and how we help you pursue them on a No Success, No Fee basis.

After the Scene: How to Contact the Other Driver’s Insurer

Once you have the insurance details, here is how the third-party claim process works:

Contact the insurer directly using the details you collected. Do not rely on the other driver to notify their insurer for you — do it yourself, promptly.
Provide your documentation. Your police case number, photographs of the damage and scene, the other driver’s details, repair quotes, and any witness information. For a full breakdown of what you need, see our guide on what evidence you need to win a car accident damage claim.
Understand how the insurer will handle it. In South Africa, as a third party — someone claiming against another person’s policy rather than your own — you are technically making a claim against the policyholder, who will then engage their insurer. The insurer is not obliged to deal with you directly, but in practice most will once they have accepted that their client is at fault.
Get everything in writing. Log all calls, keep copies of all correspondence, and note reference numbers for every interaction.
Do not accept a first settlement offer without scrutiny. Get an independent repair quote first so you know what ‘fair’ looks like. Understanding how a car damage assessment works will help you evaluate whether the insurer’s offer is reasonable.
Act promptly. You have a limited time window to pursue your claim — read our guide on car damage claim time limits in South Africa so you know exactly where you stand.

Important: the insurer’s first offer is rarely the best offer. Insurers assess liability independently and will often make an opening settlement offer that does not reflect the full cost of your damage. You are not obliged to accept it. If you feel the offer is unfair, you can negotiate, lodge a complaint with the Ombudsman for Short-Term Insurance (OSTI), or pursue the driver personally through the courts.

What If You Left the Scene Without Getting Insurance Details?

It happens. Accidents are stressful, and sometimes the details exchange doesn’t happen properly — or you only realise later what you didn’t get. Your options depend on what you did collect:

Have the registration plate? SAPS can trace the registered owner. Report the accident, get a case number, and work from there.
Have their name and phone number? Try to contact them directly and formally request their insurance details in writing — WhatsApp or email creates a paper trail.
Have nothing but photos? Your photos may contain the plate number or other identifying information you missed at the time. Check carefully before assuming all is lost.
Have nothing at all? You may still be able to identify the vehicle through witnesses, nearby CCTV, or dashcam footage from your own or another vehicle. Report to SAPS immediately — camera footage is typically overwritten within 7 to 30 days.

The Bottom Line

Getting the other driver’s insurance details is about being prepared before the accident happens — knowing what to ask for, doing it calmly, and capturing it on your phone rather than relying on memory. Most of the time, the other driver will cooperate. When they don’t, having the registration plate is the fallback that keeps your claim alive.

If you’ve been in an accident and you’re not sure what you have or whether it’s enough to pursue a claim, contact MyLawSA. We assess your situation for free and tell you honestly what your options are — whether the other driver is insured, uninsured, or hasn’t cooperated at all. We work on a No Success, No Fee basis.

Not sure if you have enough to claim? Let us check.
Contact MyLawSA for a free claim assessment. Tell us what happened and what details you collected — we’ll assess your claim for free and take it from there.

Useful links:
SAPS station locator: www.saps.gov.za
Ombudsman for Short-Term Insurance (OSTI): www.osti.co.za
National Road Traffic Act 93 of 1996: gov.za

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