Third-party claims what you need to know

Whether you are an individual or business owner with a driver of a vehicle on the road, you have the right in terms of the law of delict to claim for the fair, reasonable and necessary costs of repairs if the vehicle has been damaged in an accident caused

Currently, third-party motor vehicle insurance is not compulsory in South Africa. In fact, only around 2.85 million of the 9.5 million vehicles on South African roads are insured. This means that if your vehicle is damaged in an accident caused by another party, there is a 65% chance that you will not be able to recover the damages, especially if you don’t have adequate insurance cover in place.

WHAT TO DO IN THE EVENT OF A THIRD PARTY CLAIM

Pistorius says that the third party may only claim against the responsible party and not directly against the insurer; and that it is only when the insurer agrees to indemnify the insured and takes over the defence that engagement between the insurer and the third party will take place.

With that said, it is important to note that the insured may not do or say anything at any given time that may prejudice the rights of the insurer as this may allow the insurer to reject the claim; that the insurer requires the full co-operation of the policyholder throughout the entire claims process; and that the insurer is only obligated to settle the claim to the extent that the policyholder is legally responsible.

Knowing what you or your driver needs to do at the time of a vehicle accident can therefore help to substantiate your claim and ease the claims process. Pistorius advises the following:

1. Stop and do not drive away – By law it is illegal to drive away from an accident scene. Doing so, may lead to criminal actions against you. “Should it be unsafe to stop, or should you suspect that you’re the victim of a staged collision, you still need to report the accident at the nearest police station without delay,” notes Pistorius.

2. Call the police if someone is hurt; you think the other driver may be guilty of a Criminal offence such as driving under the influence of alcohol etc; there is significant property damage or the vehicle is not driveable.

3. Remain as calm as possible and avoid arguing with others at all cost.

4. Do not claim fault for the accident regardless of the circumstances and do not sign any documents regarding fault or promise to pay for the damages at the accident scene.

5. Only tell your version of what you believe happened and what your actions were to the investigating police officer at the scene and to your insurance company. “Bear in mind not to claim fault or liability – it is for the insurance company to determine once they have gathered all information on the accident,” notes Pistorius, adding that should the police not come to the accident scene, you need to go to the nearest police station to report the accident within 24 hours of the accident.

6. Once you’ve called emergency services (if necessary) and the police - look out for injuries and substance influence. Check yourself to see if anyone sustained any injuries. Monitor yourself for 48 hours after the accident as some injuries may manifest over a period of time.

7. Do not move any injured parties unless that person’s life is in severe danger (e.g. the vehicle leaking fuel etc.).

“You also need to write down all the details concerning the accident and exchange import information,” advises Pistorius. Information to record includes:

· The date and time of the accident

· The location where the accident took place – e.g. city, town, street names

· Condition of the road (e.g. wet, clear, icy, debris)

· Weather conditions (e.g. fog, hail, clear)

· Posted speed limit (if possible)

· Amount of traffic at the time of the accident

· The investigating police officer’s name and badge number as well as occurrence number (if any police came to the accident scene)

· Full names, surnames, addresses and telephone numbers of any witnesses (independent witnesses are particularly important)

· Full contact information of all passengers in your car and the other car/s

· Also state the position of passengers when taking down their details if possible e.g. front passenger, driver-side rear, passenger-side rear

· Your thoughts on what happened to cause the car accident

Specific details of the driver of the other vehicle/s involved in the accident also need to be recorded. “Here, we would need the following,” she says:

· Driver’s name and surname

· Driver’s licence number

· Driver’s full address

· Driver’s business phone number

· Driver’s home phone number

“If the owner of the vehicle is different than the driver at the accident scene, you would have to get the owner’s name and surname; his/her address, business and home telephone numbers as well as the name, address and telephone numbers of the company, should it be a company vehicle,” says Pistorius, where after you need to obtain information on the vehicle/s involved in the accident, which include:

· The make and model of the vehicle/s involved in the accident

· The licence plate number/s of the vehicle/s

· A description of damage to the vehicle/s

· Details of their insurance company

“If at all possible, it is advised that you take a photograph or two to show the impact and damage to vehicles, where after you need to inform your insurer of the claim as a matter of urgency; provide them with all the details you have; and allow them to follow the necessary procedures to process the claim,” concludes Pistorius.