What to Do After a Serious Car Accident in South Africa

What should you do immediately after an accident or injury in South Africa?

Get medical care, report the incident to the correct authority, and secure evidence right away. Early steps protect your health and your claim, and several deadlines start to run from day one.

• Medical first: call 112 or 10177 for emergencies. Go to a hospital or clinic and keep all records and receipts.
• Police report: for road crashes with injury or death, report to SAPS within 24 hours if police did not attend. Ask for the case number.
• Work injuries: inform your employer as soon as possible and ensure they submit the claim to the Compensation Fund within 7 days.
• Public or municipal accidents: photograph the scene, get witness contacts, and note the exact location. Write down any municipal vehicle or staff details.
• Products or medical care: keep the product, packaging, batch numbers, and invoices. Ask for your hospital notes and test results.
• Evidence checklist: scene photos, contact details of witnesses, CCTV availability, doctor reports, proof of income, and a journal of symptoms.
• Do not: admit fault, sign blanket medical releases, or accept quick settlements without legal advice.

Who pays for injuries from a road accident and how do Road Accident Fund claims work?

You claim against the Road Accident Fund under the Road Accident Fund Act 56 of 1996, not directly from the other driver. The RAF pays for medical costs, loss of income, and in serious cases general damages, subject to limits and apportionment for your share of fault.

Core rules

• Fault and apportionment: the RAF pays based on negligence. If you were 30 percent at fault, your quantified damages are reduced by 30 percent under the Apportionment of Damages Act 34 of 1956.
• Heads of damage: past and future medical expenses, loss of earnings or support, funeral costs, and general damages if a serious injury is certified.
• Serious injury requirement: general damages are only payable if an RAF 4 is completed by a designated medical practitioner using the AMA Guides or narrative test. Minor injuries usually do not qualify.
• Direct claims vs lawyers: you may claim directly or through an attorney. The RAF often invites direct settlements, but once you sign a discharge you cannot revisit the claim.

Key deadlines

• Identified vehicle: lodge claim within 3 years from the crash.
• Unidentified vehicle (hit-and-run): lodge within 2 years.
• All RAF claims: issue summons within 5 years. Prescription may be suspended for minors and persons lacking capacity.

How to claim - step by step

1. Open a SAPS case and obtain the accident report and case number.
2. Collect medical records and invoices. Keep every receipt.
3. Complete and lodge RAF 1 (Claim Form) with supporting documents. Use RAF 3 for detailed medical reports.
4. Serious injury assessment: if you seek general damages, undergo an RAF 4 assessment by a qualified practitioner.
5. The RAF investigates, may make an offer, or you issue summons in the High Court if settlement fails.
6. On settlement or court order, the RAF pays and may issue an Undertaking (RAF 5) for future medical costs related to the injury.

Practical tips

• Calculate net loss of earnings with actuarial input and deduct collateral benefits as required by law.
• Keep treatment within RAF tariff limits to avoid shortfalls. Ask providers if they accept RAF undertakings.
• Expect 3 to 7 years for complex cases to conclude. Diarise all deadlines.

What if you are injured at work - does COIDA cover you?

Most employees are covered by the Compensation for Occupational Injuries and Diseases Act 130 of 1993. COIDA pays statutory benefits for work injuries and diseases, and in return you generally cannot sue your employer for damages.

Who is covered

• Employees in the private and public sector, including most casual and part-time workers.
• Excluded categories include members of the National Defence Force and SAPS, certain domestic workers in private households, and independent contractors. Check status carefully.

Deadlines and forms

• Notify employer as soon as possible after the incident.
• Employer must report to the Compensation Fund within 7 days using W.CL.2 and submit medical forms W.CL.4, W.CL.5, W.CL.6.
• Claims should reach the Fund within 12 months of the accident or diagnosis.

Benefits paid

• Medical treatment and hospital costs within tariffs.
• Temporary total disablement wages, typically 75 percent of earnings up to a ceiling.
• Permanent disability lump sum or pension depending on assessed impairment.
• Death benefits to dependants and funeral expenses.

If a third party caused the injury

COIDA bars suits against the employer, but you may claim against a negligent third party, such as a contractor or driver. You must elect between COIDA benefits and a full civil claim for overlapping heads; get legal advice before electing.

How are damages calculated in South African personal injury cases?

Damages aim to place you in the financial position you would have been in but for the injury. Courts quantify medical costs, loss of income or support, and general damages for pain and suffering, within statutory limits for specific regimes like the RAF.

• Medical and care costs: past and future treatment, assistive devices, home modifications, and caregiving, typically supported by medico-legal reports and a life care plan.
• Loss of earnings or support: actuarial calculation using pre- and post-injury scenarios and contingencies. For dependants, loss of support is based on the deceased's earnings and duty to support.
• General damages: non-pecuniary loss for pain, suffering, loss of amenities, and disfigurement. Payable by RAF only if the injury is serious.
• Interest and costs: pre- and post-judgment interest may apply; the losing party may contribute to legal costs as taxed or agreed.

What are the time limits for injury claims in South Africa?

Most claims prescribe after 3 years from when you knew of the facts giving rise to the claim, but special rules apply. Missing a deadline can end your claim, so diarise the correct period for your case type.

Authorities: Prescription Act 68 of 1969 and Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002.

How do medical negligence claims work in South Africa?

You must prove a healthcare provider breached the standard of care and that the breach caused your harm. Claims may be brought against private providers or the state, with a 6-month notice requirement for state facilities.

• Standard of care: measured against a reasonable practitioner in that specialty. Expert evidence is essential.
• Causation: show that negligence probably caused the harm, not merely that a complication occurred.
• Evidence: hospital records, consent forms, nursing notes, lab results, imaging, and independent expert opinions.
• Alternatives to suing: complaints to the Health Professions Council of South Africa or the Office of Health Ombud can address conduct but do not pay damages.
• Typical timeline: 2 to 5 years or more, largely driven by expert exchanges and court schedules.

Are manufacturers and suppliers liable for injury caused by defective products?

Yes. The Consumer Protection Act 68 of 2008 imposes strict liability on producers, importers, distributors, and retailers for harm caused by product defects, failure of warnings, or inadequate instructions.

• You do not have to prove negligence, only that the product was defective and caused your injury.
• Recoverable harm includes death, bodily injury, illness, loss of or damage to property, and economic loss from the injury.
• Defences include misuse not reasonably foreseeable or compliance with mandatory standards.
• Prescription is 3 years from the date you became aware of the damage, the defect, and the identity of the supplier.
• Preserve the product and packaging, and obtain expert testing if needed.

Can you claim if you fall or suffer injury on public property or private premises?

Yes, if you can prove negligence by the occupier or authority responsible for maintenance. Claims against municipalities and state entities require a written notice within 6 months.

• Occupiers liability: owners or occupiers must take reasonable steps to ensure safety. Examples include unsafe stairs, potholes, wet floors without warning, or faulty lighting.
• Municipal and provincial roads: document the exact location, measure the hazard if possible, and record weather and lighting conditions.
• Evidence: maintenance records, prior complaints, and CCTV can show foreseeability and failure to act.
• Act 40 of 2002 notice: send a detailed letter of claim with facts, location, and damages sought within 6 months. Seek condonation if late, giving full reasons.

What if the other driver is uninsured or flees the scene - can you still claim?

Yes. You claim from the RAF whether or not the other driver is insured or identified. For hit-and-run, you must lodge the claim within 2 years and make reasonable efforts to identify the vehicle and driver.

• Unidentified vehicle claims require diligent attempts to find the driver, such as obtaining witness statements, SAPS case numbers, and any camera footage.
• The RAF may reduce or reject claims if you failed to report promptly or cannot support the hit-and-run allegation with evidence.
• For uninsured but identified drivers, standard 3-year lodging and 5-year summons deadlines apply.

What evidence do you need to prove an injury claim?

You need contemporaneous medical records, objective proof of the incident, and credible documentation of your losses. Build a file from day one and keep it organised.

• Incident proof: photos, videos, dashcam, CCTV, police or incident reports, and witness details.
• Medical proof: ER summaries, GP and specialist notes, radiology, lab results, and a symptom diary.
• Financial proof: payslips, tax returns, employment contracts, bank statements, and a schedule of out-of-pocket costs.
• Expert reports: orthopaedic, neurosurgical, occupational therapy, industrial psychology, actuarial, and clinical psychology where relevant.
• Social media caution: posts can be used to attack credibility and should be consistent with your limitations.

How much will a South African injury claim cost and how are lawyers paid?

Most personal injury firms work on contingency within the Contingency Fees Act 66 of 1997, capped at 25 percent or double normal fees, whichever is lower, plus VAT. You may still need to fund disbursements like expert reports unless the firm advances them.

• Cost recovery: if you win, the defendant may pay a portion of your legal costs on a party-and-party scale, not usually all costs.
• Disbursements: agree in writing whether your attorney will advance disbursements and how they are recovered at settlement.
• Fee transparency: insist on a written fee agreement compliant with the Contingency Fees Act and Legal Practice Act 28 of 2014.

How do you actually start and run an injury claim in South Africa?

Identify the correct legal route, secure evidence, meet preliminary notice requirements, and file either with the relevant fund or in court. Use experts early to quantify damages and strengthen causation.

1. Assess the route: RAF, COIDA, medical negligence, product liability, public liability, or other delict claims.
2. Diarise deadlines: apply the correct prescription and notice periods from the tables above.
3. Preserve evidence: request records under PAIA if needed, issue preservation letters, and obtain scene data.
4. Quantify damages: gather expert and actuarial reports; update loss schedules regularly.
5. Engage the fund or defendant: lodge forms or send a detailed letter of demand with supporting documents.
6. Litigate if needed: issue summons in the appropriate court and follow case management and discovery rules.
7. Settlement or trial: evaluate offers against expert evidence and court comparables; record settlements in writing.

What are common mistakes that reduce South African injury payouts?

Missing deadlines, poor evidence, and accepting low settlements early are the most damaging. Avoid actions that undermine credibility or your ability to prove loss.

• Letting prescription or notice periods lapse, especially 2-year RAF hit-and-run and 6-month state notices.
• No medical follow-up, gaps in treatment, or non-compliance with therapy.
• Social media contradictions with claimed limitations.
• Failure to prove earnings with documents, particularly for informal income.
• Signing broad medical authorisations or final settlements without advice.
• Not contesting an incorrect serious injury outcome on RAF 4 via a timeous objection and appeal.

How are children's and fatal injury claims handled?

Minors' prescription is suspended until majority, but you should act early to preserve evidence and secure interim care. Dependants of someone who died may claim loss of support and funeral expenses.

• Minors: a guardian or curator ad litem prosecutes the claim; court oversight may apply to settlements and trusts for funds.
• Fatal claims: dependants claim for loss of support and funeral costs; RAF pays for funeral and support where a motor vehicle caused the death.
• Trusts and undertakings: large awards for minors or serious brain injuries often go into trusts with trustee control and investment rules.

Which South African authorities and laws govern accident and injury claims?

Key authorities include the Road Accident Fund, the Compensation Fund, SAPS, and sector regulators like the HPCSA. Core statutes set out rights, benefits, and deadlines.

• Road Accident Fund Act 56 of 1996 and RAF Amendment framework
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Prescription Act 68 of 1969
• Institution of Legal Proceedings against Certain Organs of State Act 40 of 2002
• Consumer Protection Act 68 of 2008
• Apportionment of Damages Act 34 of 1956
• Legal Practice Act 28 of 2014 and Contingency Fees Act 66 of 1997

When should you hire a lawyer or expert?

Hire a lawyer when injuries are moderate to severe, fault is disputed, deadlines are tight, or you face entities like the RAF or the state. Use experts early for serious injuries to secure proper diagnosis and valuation.

• Serious injuries or long-term incapacity that may qualify for RAF general damages or substantial loss of earnings.
• Hit-and-run cases, disputed liability, or multiple defendants.
• Medical negligence, product liability, or complex public liability cases.
• Any claim involving minors or where a trust or guardianship may be required.
• When the RAF or insurer makes a settlement offer that seems quick or low compared to your losses.

What are your next steps after an accident or injury in South Africa?

Document, diarise, and get advice. Early action preserves rights and often increases settlement value.

1. Get immediate medical care and request copies of all records and imaging.
2. Report to SAPS or your employer as required and keep reference numbers.
3. Create a claim file with photos, witness details, receipts, and a symptom diary.
4. Check the correct route: RAF, COIDA, medical negligence, product liability, or public liability.
5. Diarise prescription and notice deadlines from the tables above.
6. Seek a consultation with a personal injury attorney to map your strategy, costs, and timeline.
7. Avoid signing any settlement or broad authorisation until you get independent advice.