If you’re involved in a car crash, an auto accident lawyer is your best ally when dealing with the Road Accident Fund, insurers, or determining legal fault. Knowing who to call and what to do can protect your rights, get you compensated faster, and make or break your case.
Immediate Steps After a Car Accident in South Africa
Your actions in the first 24 hours after a motor accident can significantly affect your ability to claim from insurance or the Road Accident Fund (RAF). Here’s what you should prioritise:
- Check for injuries and get medical help – Even if injuries appear minor, have them documented at a hospital. Medical records are essential for later claims.
- Call the police & open a case – Call 10111 from the scene and get a case number from the police station within 48 hours.
- Take photos and exchange info – Get names, license numbers, ID numbers, insurer details, and vehicle info for everyone involved.
- Notify your insurance – Most policies require reporting within 24–48 hours.
- Consult an auto accident lawyer – Especially important if there’s injury, death, or you may need to claim from the RAF.
Who do you call after a car accident?
If there are injuries or the crash is severe, first call emergency services (10177). Then, after the police, insurance, and hospital, contact a qualified personal injury attorney. This is especially critical if you need to:
- Claim from the RAF
- Deal with an at-fault driver’s insurer
- Dispute over who was at fault
- Recover medical or repair costs
SB Lawyers offers sound legal guidance from day one to protect your rights and assist with personal injury claims.
Understanding Liability: Who is at Fault in a Car Accident?
In South African law, fault is determined primarily through negligence. The driver who failed a duty of care (e.g., skipping a red light or speeding) can be held liable. However, determining liability isn’t always simple.
Who is liable in a car accident: the owner or the driver?
In South Africa, it’s usually the driver who bears liability. However, car owners can also be legally responsible, especially if they:
- Allowed someone unlicensed to drive
- Permitted an employee to use the car for work (vicarious liability)
- Knew the vehicle was unroadworthy
Personal injury lawyers help untangle liability using police reports, witness testimony, and evidence from the accident scene.
Road Accident Fund (RAF) Claims: How it Works
If you were injured in a motor vehicle accident and weren’t solely at fault, you may qualify for a claim from the RAF. This public insurer covers:
- Medical expenses
- Loss of earnings
- Funeral costs
- General damages for pain and suffering (for serious injuries only, subject to threshold requirements)
Who can claim
- Drivers not solely at fault
- Passengers
- Pedestrians or cyclists involved in the accident
- Dependents of someone who died in an accident
Timeframes
RAF claims have strict prescription periods. Generally:
- Claims must be lodged within specific timeframes from the date of the accident
- Hit-and-run accidents may have different requirements
It’s crucial to consult with a personal injury lawyer as soon as possible to ensure you don’t miss critical deadlines.
What affects settlement amounts?
RAF settlements depend on multiple factors including:
- Severity and permanence of injuries
- Medical expenses incurred and future medical needs
- Loss of income and earning capacity
- Age and occupation of the claimant
- Impact on quality of life
Consulting the right auto accident lawyer is key to maximising your settlement based on your specific circumstances.
How to Get the Best Settlement From a Car Accident
Follow these steps to strengthen your claim and improve your payout.
1. Gather and preserve evidence
- Take a photo and video footage
- Save medical reports and receipts
- Get witness statements
2. Don’t accept quick settlements
- Insurers may try to lowball you
- Consult an attorney before signing anything
3. Get a medico-legal report
- SB Lawyers help arrange expert assessments to show the long-term impact of your injuries
4. Use an experienced auto accident lawyer
- Our team knows how to present a winning case to either RAF or the courts
SB Lawyers works to increase your RAF offers using both legal strategy and thorough assessment by independent actuaries and medical professionals.
Should You Use a Personal Injury Lawyer When Claiming from RAF?
Many people start the RAF claim process alone, but most end up needing legal help when clerical errors, documentation issues or compensation disputes hold them back. Reasons to use a professional firm like SB Lawyers include:
- We ensure all forms are compliant with current RAF requirements
- We gather expert evidence (occupational therapists, actuaries, medical specialists)
- We handle appeals and push back against inadequate offers
- We fight for fair compensation in court if needed
We don’t just fill forms; we build your case into a strong, evidence-backed claim.
Why Choose SB Lawyers as Your Auto Accident Lawyer?
We handle more than just paperwork—we protect your rights, your recovery, and your future.
Our difference
- Location expertise: Gauteng and Mpumalanga RAF experience
- Results-focused: We fight for fair compensation using thorough evidence and legal strength
- Compassionate team: You’re not just a case file, you’re a person with real injuries and real needs
Our RAF lawyers assist with
- Assessment of liability and fault
- Claiming from RAF & private insurers
- Supporting you beyond the crash (rehabilitation guidance, assistance with related matters)
Whether it’s confronting insurers, proving serious injury for damages, or helping bereaved families with fatal accident claims, SB Lawyers offers legal protection without the jargon.
Our services are especially important during the festive season, when road accidents spike due to holiday traffic, drunk driving and long-distance travel.
Final Checklist: What You Need After a Car Accident
Here’s a step-by-step Post-Accident Checklist you can save or print:
- Stay calm and stay safe
- Call the police – get a case number
- Record evidence – photo all vehicles & license info
- Go to the hospital – get a full check-up
- Notify your insurer quickly
- Call SB Lawyers – your personal injury attorney
- Get legal advice before signing any settlements
You deserve to recover without the stress of navigating legal red tape alone. Let us fight for the compensation you deserve.
Need Urgent Help with a Road Accident Claim?
Reach out to SB Lawyers for a confidential consultation. We’re available across Gauteng, Western Cape, Mpumalanga and online consultations nationwide.
Contact SB Lawyers today and get your claim started.
Your accident shouldn’t define your future. With the right legal help, you’ll be moving forward in no time.
Disclaimer: Settlement amounts vary significantly based on individual circumstances. This article provides general information only and does not constitute legal advice. Consult with a qualified attorney for case-specific guidance.