We spoke to legal adviser Moses Mphahlele on what a person should do after a motor vehicle accident.
“There are many stories that people make up to free themselves from wrong doing when it comes to accidents. As a legal adviser, it is very important that people know what their rights are and what they can and can not do to make sure that they do not get tricked and end up liable for an accident they did not cause,” Mphahlele said.
Here are some guidelines to follow according to the law:
- Call the police or report the accident at the nearest police station within 24 hours (if a person is killed or injured) or on the first working day after the accident (if no person was killed or injured).
- Write down the name of the police officer spoken to and the accident report’s reference number.
- Co-operate with all emergency personnel and police who respond to the accident.
- Get the details of all other motor vehicles involved in the accident. This includes the drivers’ names, identity number, addresses, telephone numbers, description of the motor vehicles, the registration numbers and any relevant details from the licence discs. Also include the date, time and address of the accident, the weather and road conditions when the accident occurred and any other information that may be relevant.
- If an employee is driving a motor vehicle on behalf of his/her employer, then the details of the driver and the employer must be taken.
- Write down the names, addresses, and phone numbers of all potential witnesses of the accident.
Take photographs or a video of the following:
- The scene of the accident, from all angles; the surrounding area; the injuries and any damage to property.
- Draw a sketch plan of the scene of the accident and make sure that it contains a fixed point so that it can easily be traced. Also make a statement about how the accident happened. This sketch and statement will remind a person of all the details relating to the accident at a later stage.
- If a person has been injured, a doctor must be consulted immediately, even if the injury is not serious.
- If the person is insured, that person has to notify his/her insurance or broker as soon as possible. Write down the name of the person spoken to at the insurance and the reference number of the claim.
What not to do after an accident:
- Move his/her motor vehicle, unless it is necessary for safety or required by law.
- Subject himself/herself to further injury by standing or waiting in an area near traffic or other safety hazards.
- Leave the scene of an accident until the police tell him/her to do so.
- Throw away any potential evidence, such as defective products, important documents, or torn or blood-stained clothing.
- Engage in discussions of fault with anyone as that can be considered evidence in court – do not admit liability.
- Agree to settlement terms without discussing the matter with an attorney.
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