Not sure what to do if you get into a car accident? What information should you get from the other driver? When do you need to report it? Scorpion Legal Protection gives you a step-by-step guide on how to handle a car accident.
Whether or not you have insurance, it’s important to gather as much information as possible about the details of the accident.
Who are the parties involved in the accident?
If there are third parties involved – this is anyone other than you and the other driver, like passengers, witnesses, pedestrians – you should get their full names, contact details, ID numbers, insurance details (if applicable) as well as their motor vehicle details. If the driver was using a company vehicle at the time of the accident, make sure you also get the details of the employer, since there may be an issue of vicarious liability (where the employer is held responsible for the actions of the driver).
What should you do?
- Do not leave the accident scene. Wait for the police to arrive or if someone is injured, wait for the paramedics.
- Open a case with the police within 24 hours and get a case number from them. Make sure that an accident report is compiled and get the accident report number as well, as your insurance will need this.
- If any police officials inspected the accident scene, make sure that you get their information.
- Make a statement describing how the accident happened, for example that the other driver failed to stop for a red light.
- Describe the weather conditions, condition of the road, and any other factors that affected driving ability or visibility.
- You should explain what happened before, during and after the accident; and the police may ask you to draw a sketch description of how the accident occurred.
- Make sure you know the exact place where the accident occurred – the suburb as well as the street.
Reporting the accident to your insurer
Report the accident to your insurer as soon as possible at the time of the accident. Do not let private towing companies tow your car – most insurers have specific towing services they use or they use their own towing services, and if you allow someone else to tow the car, you could be liable for the cost of the towing. Phone your insurer and follow their instructions.
After this, the insurer may require you to provide certain information or fill in a claim form. They will then send an assessor to confirm the damage to your vehicle and determine whether it is able to be repaired or whether it should be written off.
It’s important to know that if you want to repair the vehicle at a dealership of your choice or you want to pursue a claim privately against the other person or use your own assessor, you need to inform your insurer and get consent from them. Also important is that you might be required to sign an indemnity form with your insurer once you have claimed and been paid out. This means you cannot institute a further claim against the other person for damages and is meant to prevent people from ‘double claiming’.
If you are unsure about any documents, what they mean and whether or not you should sign them, you have the right to ask the insurer to explain them fully to you. Scorpion members can also send their documents in to Scorpion and we can take a look for you.
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If you have a query, follow Scorpion Legal Protection on Facebook and ask your question during our next Live Q&A (every first Thursday of the month from 11:30- 13:30).
* This is only basic paralegal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.