Sunday 9 April 2017

IN AN ACCIDENT? RIGHTS AND TIPS!

If you happen to become involved in (or contribute to) an accident on a public road in which another person/s is killed or injured or suffers damages in respect of any property or animal, in terms of the Road Traffic Ordinances, you have the following duties and/or obligations:
1.            Stop your vehicle immediately. Go to your nearest police and report the accident 24 hours of the accident, report it at a police station or at an authorised office of a traffic officer (unless you are injured and cannot do so timeously, in which event you must report the accident as soon as is reasonably practicable thereafter). When you report the accident, give only the bare essentials and do not commit yourself to a written statement before consulting your insurance company or attorney

2.            Check If the person has been hurt, do all you can to help by administering first aid, (if you know how), call the emergency services.

3.            Determine the nature and extent of any damages suffered.

4.            If you are required to do so by any person entitled to such information, provide and obtain the following information:

·         name, address and telephone number of both driver’s name, address and telephone      number of the owners of the vehicles

·         registration numbers of both vehicles

·         names of the driver/owner and their insurance details

·         full details of the place, time of the collision and the road conditions and visibility at the time

·         make a short note of the accident for yourself

·         if you can, take a picture and/or video of the scene and take measurements

·         if you have witnesses, get their full particulars

·         do not admit liability for the collision, whether to the driver of the other car, a bystander or to the Police, as this may prejudice any claim that you may have either against the other driver or in respect of your policy of insurance

·         If the other driver apologizes for the collision and admits liability, have him sign a written admission of liability or have him/her repeat it before a law officer

·         If a person or animal has been injured, you are not allowed to move the vehicles, even if they obstruct the traffic until you are given permission to do so by a traffic officer or unless either vehicle completely obstructs the road. I mark the position of the vehicle before moving it.  But if no-one has been injured, it would be important to move the vehicles out of the road to prevent a further collision with oncoming traffic as some Insurance Companies will not pay out if you use certain tow away services


·         If there is a traffic officer at the scene of the collision, you are obliged to provide him with such information as he may require. As soon as possible, advise your broker of the accident, even if you do not intend to claim, as the other driver may claim at a later stage

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