What to do when you’re in a traffic accident
Being involved in an accident is often traumatic. To be aware of your rights and to help with the aftermath, consider these tips from DSC Attorneys — specialists in personal injury and road accident claims in SA.
Don’t admit liability
In shock it’s easy to say things you regret later. Stay calm and think before you speak.
For example, apologising to another irate driver — which you might do without meaning to accept liability — could compromise the strength of a claim you make later.
Limit the information you provide to the other driver to your name, contact details and the details of your insurance company.
Witness statements
Witness statements are vital pieces of evidence that can help bolster a claim.
It’s easy to forget to record the names and email addresses or telephone numbers of people who saw the incident. Don’t make this mistake. Tracking witnesses down after the event can be difficult or impossible.
Generally, record the details of anyone at the scene.
Driver details
Collect as much information as you can about the other driver and car. Note his or her name, address, identity number, telephone numbers and e-mail address. Request the name of their insurance company and record the car make, model and licence number.
Photos and videos
It may seem awkward to take photos — but later, this is something you might regret not doing. Good, clear visual evidence can be key to a successful road accident claim.
Aim to visually record the scene of the accident, and any damages and injuries. If you have a smartphone, you can use its camera and video capabilities.
Take snaps of skid marks, road signs, traffic lights and lighting, and anything else that may indicate how the accident happened.
Try to video and photograph the scene from different angles. Also capture images of the vehicle’s licence plates and disc.
GoPro/Dash-cam footage can also be useful when claiming, which especially motorbike riders are using increasingly.
Ambient conditions
Don’t forget to note the ambient conditions. Was it raining, misty or extremely windy? Was the road wet or slippery? Was the visibility good or bad?
Existing conditions at the time of the accident can help determine the cause of the accident and associated liability.
SAPS
A cardinal error is failing to report an accident to the South African Police Services. All road accidents in SA should be reported at the nearest police station within 24 hours — or immediately in the event of serious injuries or a fatality. An accident report and case number are needed to support a claim.
False information
Don’t give the police, your insurance company or your lawyer false information. Lying is a criminal offence and could have serious legal consequences.
Social media
Avoid discussing the accident, or your road accident claim, on social media platforms like Facebook or Twitter. Insurance companies, defence attorneys and even the Road Accident Fund (RAF) can use information you post online to dispute your claim.
Medical care
Have a proper medical examination as soon after the accident as you can.
Injuries to the spine, internal organs and brain don’t necessarily show symptoms straight away, but require immediate treatment. If you avoid going to the doctor right away and show serious symptoms later on, the RAF might argue that your injuries aren’t related to the accident.
Professional help
Don’t think you can go it alone. In SA the success of road accident claims against the RAF depends on the expertise, experience and persistence of legal professionals. Therefore seek advice from an attorney who specialises in road accident claims and who can assess your claim, help prepare supporting evidence and represent you in legal proceedings, giving you the best chance of receiving the compensation you deserve.