Accident - correct response

HavocXphere

Honorary Master
Joined
Oct 19, 2007
Messages
33,153
Reaction score
1,297
Location
Europe
This thread got me thinking. I've never been in an accident (:)) but one thing that keeps bugging me is that I don't know the "correct" way to respond should it happen.

Could someone give me a short summary? Decision tree type deal that covers all scenarios everything from minor fender bender to fatalities (and also the whole range of who is at fault).

Both police/legal side and insurance side.

Obviously I know some of it already but lets hear some nice summaries for the benefit of all. :o
 
Chapter X : Accidents and accident reports

61. Duty of driver in event of accident

1) The driver of a vehicle at the time when such vehicle is involved in or contributes to any accident in which any person is killed or injured or suffers damage in respect of any property, including a vehicle, or animal shall –

a) immediately stop the vehicle and report the accident on the prescribed form and in the prescribed manner, the officer concerned shall deal with the report in the prescribed manner and the chief executive officer must ensure that the accident is recorded in the register of accidents in the prescribed manner and within the prescribed period;

b) ascertain the nature and extent of any injury sustained by any person;

c) if a person is injured, render such assistance to the injured person as he or she may be capable of rendering;

d) ascertain the nature and extent of any damage sustained;

e) if required to do so by any person having reasonable grounds for so requiring, give his or her name and address, the name and address of the owner of the vehicle driven by him or her and, in the case of a motor vehicle, the licence number thereof;

f) if he or she has not already reported the accident to a police or traffic officer at the scene of the accident, and unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident, as soon as is reasonably practicable, and in the case where a person is killed or injured within 24 hours after the occurrence of such accident, or in any other case on the first working day after the occurrence of such accident, report the accident to any police officer at a police station or at any office set aside by a competent authority for use by a traffic officer, and there produce his or her driving licence and furnish his or her identity number and such information as is referred to in paragraph (e); and

g) not, except on the instructions of or when administered by a medical practitioner in the case of injury or shock, take any intoxicating liquor or drug having a narcotic effect unless he or she has complied with the provisions of paragraph (f), where it is his or her duty to do so, and has been examined by a medical practitioner if such examination is required by a traffic officer.

2) No person shall remove any vehicle involved in an accident in which another person is killed or injured from the position in which it came to rest, until such removal has been authorised by a traffic officer, except when such accident causes complete obstruction of the roadway of a public road, in which event the vehicle involved may, without such authority and after its position has been clearly marked on the surface of the roadway by the person moving it, be moved sufficiently to allow the passage of traffic.

3) Subject to subsection (2), no person shall remove a vehicle involved in an accident from the scene of such accident, except for the purpose of sufficiently allowing the passage of traffic, without the permission of the owner, driver or operator of such vehicle or a person who may lawfully take possession of such vehicle.

4) In any prosecution for a contravention of any provision of this section it shall be presumed, in the absence of evidence to the contrary, that the accused was aware of the fact that the accident had occurred, and that he or she did not report the accident or furnish the information as required by subsection (1)(f).

5) In this section the word "animal" means any bovine animal, horse, ass, mule, sheep, goat, pig, ostrich or dog.

From section 61 of the National Road Traffic Act
http://www.acts.co.za/national-road-traffic-act-1996/

I would suggest taking photos of anything that might be even vaguely relevant as well. And never admit fault, your insurance may just end up claiming all costs from you if you do. After the police report is done, you call insurance who will ask for the case number and they'll advise on the next steps.
 
Last edited:
Thanks Archer.

f) if he or she has not already reported the accident to a police or traffic officer at the scene of the accident, and unless he or she is incapable of doing so by reason of injuries sustained by him or her in the accident, as soon as is reasonably practicable, and in the case where a person is killed or injured within 24 hours after the occurrence of such accident, or in any other case on the first working day after the occurrence of such accident, report the accident
Having a bit of a hard time with that sentence structure. I assume its:
Injury/death >>> 24 hours
Other >>> next working day?


Legislation aside, I was thinking more along the lines of a step by step guide that someone under shock can follow. Literally step by step as in physical actions. Ideally something I can convey to loved ones as well...
 
take photos
report to police - report as events occured, I was turning and suddenly there was another car..
report to insurance
whatever you do , do not EVER say "it is my fault"
never accept blame or your insurer could refuse to pay, even if you are to blame.
 
Thanks Archer.


Having a bit of a hard time with that sentence structure. I assume its:
Injury/death >>> 24 hours
Other >>> next working day?


Legislation aside, I was thinking more along the lines of a step by step guide that someone under shock can follow. Literally step by step as in physical actions. Ideally something I can convey to loved ones as well...

If there are police officers on the scene then you don't need to go report it, they will complete the reports on scene. If someone is injured or killed then the cars may not be moved before the police is there in any case.

You'd be surprised how chaotic an accident scene can be, and how confused you are if you've been involved. Here's what I do:

1. Stay calm
2. If someone is injured get a witness to call emergency services, even if it doesn't look bad.
3. People will stop and help, let them, don't explain what happened, don't admit fault
4. When everything is under control there will most likely be a tow truck driver who has already got someone on the phone from your insurance. Have them call you on your phone without giving them the number. This is precautionary, although most people think they're scumbags, the tow truck drivers really do help a lot at accident scenes.
5. Call someone to come pick you up if you're not going in an ambulance.
6. Take photos of the scene, licence plates, licence disks, driver's licences everything.
7. Once your insurance have cleared the towing the tow truck will take your car, remove anything you may need and all valuables.
8. Wave goodbye to your car which you may never see again, and go home with whoever picks you up.
9. Your insurance will contact you
10. If there was no police present, go to a police station as soon as possible and report it. Go to the police station closest to where the accident occurred.

Last note: Tow truck drivers will be there first, and they are massively helpful, but do not under any circumstances let them tow your car unless your insurance have given clearance.
 
Last edited:
Top
Sign up to the MyBroadband newsletter
X