If you’ve been injured or are a dependant of a breadwinner who died in a road accident caused by a drunk driver, you may be able to claim compensation.
Although you can institute claims for damage to your vehicle or property against the responsible driver, South African law prevents personal injury claims against individual drivers. Instead, compensation for serious injuries due to road accidents may be claimed from the Road Accident Fund (RAF).
What’s needed for a successful claim
A police report that shows the driver responsible for the accident was under the influence of an intoxicating substance or that their blood alcohol level was over the legal limit (0,05 grams per 100 millilitres) is likely to substantiate your claim.
Evidence of what occurred – such as witness statements and photographic evidence – may help verify that the other driver was at fault.
You’ll also need to provide medical reports to support your claim.
What you can do at the scene
If you’re not too seriously injured to do so, contact emergency services and assist any others who are injured.
Also, aim to do the following:
- write down the name of the police officer at the scene
- file an accident report and record its reference number
- collect the details of those involved in the accident, including drivers’ names, ID numbers, addresses, and telephone numbers, and descriptions of their motor vehicles
- get the names and contact details of any witnesses
- record all conditions surrounding the accident, such as time and date, and road and weather conditions
- if you can, take photographs at the scene – pictures showing damage to other vehicles, the positions of the vehicles, the surroundings and your injuries can be useful
- where possible, use your cell phone to record witness accounts, admissions by other drivers or any other audio clips that may help protect your rights.
If you’re not able to record your account of the accident at the scene due to injury, do so as soon as possible afterwards, while events are still fresh in your mind.
What to do after the accident
Gather police reports, medical records and any documents verifying actual or potential loss of income after the accident.
Police reports
Under South African law, a driver involved in a road accident that seriously injures or kills anyone must report the accident to the police within 24 hours.
You can complete a report with the assistance of an officer at the scene or do so at any police or traffic department. You’ll need your driver’s license when doing this.
Make sure you get a copy of the accident report form. If you reported the accident at the scene, information on who the officer determined was liable for the collision can be crucial in proving liability in a drunk driving claim.
Medical reports
Consult a doctor as soon as possible after the accident and keep copies of both initial and subsequent medical reports and invoices. Also, complete all prescribed treatment. If you fail to do this, it could weaken any claim you have for long-term injury.
Documents proving loss of income
You can claim for loss of income if your injuries have affected your ability to earn an income, temporarily or permanently. Examples of supporting documents can include salary advice slips, an affidavit from your employer and income tax statements.
Ensuring a strong case
Gathering sufficient evidence is only one of the steps in the process of claiming damages from the RAF in a drunk driving case.
Your claim will have to be properly compiled, with the appropriate forms completed, and registered with the RAF. It will then be subject to investigation. The success of the claim will depend on testimony from medical experts and appropriate legal expertise.
The RAF may try to settle the matter out of court. At this point, it’s vital to have suitable counsel, to ensure you don’t accept a pay-out that’s much lower than you deserve. For all these reasons, it’s strongly recommended that you seek the help of a suitably qualified attorney, who can help you navigate the road accident claims process.
