How to guide - Claiming damage for a motor vehicle accident
By: admin Date: May 01, 2017
What to do?
How to do it?
Ensure safety first:
Do not leave the scene of the accident.
Check for injuries: if a person has been injured call an ambulance. See Motor vehicle accident – Injury.
Do not move: do not move the motor vehicle, unless/until it is necessary. Hazard lights should be switched on to warn other drivers.
Call the police: in significant circumstances, such as major damage to the motor vehicles, injuries to the drivers/passengers, or death.
Do not throw away any potential evidence: evidence may include defective products, important documents, or torn or blood-stained clothing.
Do not admit fault: do not discuss whose fault the accident might be with anyone, but the police, own insurance or own attorney.
Co-operate: work with all emergency personnel and police who respond to the accident.
Obtain the following details of all the motor vehicles, their drivers and passengers involved in the accident:
names and surnames;
identity numbers/passport numbers;
contact details: cell, work number and e-mail;
description of the motor vehicle: registration number, type, colour and model; and
employer’s details: if driving the employer’s motor vehicle; details of driver and employer.
Details of accident: write down the date, time and address/location of the accident, and the weather and road conditions when the accident occurred.
Details of witnesses: write down names, addresses, and contact details. If possible, obtain an affidavit from each witness about the accident.
Take photographs or videos of the following:
the scene of the accident, from all angles;
the surrounding area;
the injuries; and
any damage to the motor vehicle or other property.
Draw a sketch plan: draw a sketch of the scene of the accident and make sure that it contains a fixed point so that it can easily be traced.
Make a statement: the statement must contain the details of the accident and how the accident happened; to remind a person of the events surrounding the accident at a later stage.
Motor vehicle registration certificate: to confirm ownership of the motor vehicle.
File a police report:
Report the accident at the nearest police station:
within 24 hours, if a person is killed or injured; or
on the first working day after the accident, if no person was killed or injured.
Details of police officer: write down the date and name of the police officer spoken to (at the scene of the accident or the police station).
Accident report: write down the accident report’s reference number and get a copy of the accident report, if possible.
Phone insurance, if any:
Notify insurance or broker as soon as possible.
Obtain details of person notified: write down the date and name of the person spoken to and the reference number of the claim.
Determine the amount of damages to the motor vehicle: two or more repair/replacement quotes.
Determine the amount of other damages: reasonable tow, storage and renting costs.
If a person is insured s/he will have to claim damages from his/her insurance.
If a person is not insured, s/he will have to claim damages from the person who caused the damages to his/her motor vehicle.
How can LegalWise assist you? Should you require an explanation of your rights on this topic, please contact your nearest Branch.
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