Being involved in a bumper bashing incident can cause much distress, especially when you may be held accountable for causing an accident, which is why it is essential to know what to do should you find yourself in such a situation. To make your life a little bit easier, we have combined all the ‘need-to-know’ information in this quick reference guide on what to do in the event of a bumper bashing in South Africa.
What is bumper bashing?
A bumper bashing refers to an incident that occurs where a driver hits the rear end of the car in front. In most cases, the person at the back is negligent and will be legally responsible – this is because it is the following driver’s responsibility to stop in time and keep a safe following distance.
What to do after a bumper bashing incident
Although considered minor accidents, if you are involved in a bumper bashing incident, you need to stop your car, switch on your hazard lights, and check if anyone is injured. If so, it is critical that you do not attempt to remove any injured persons from the car but rather contact the relevant emergency services to assist. If there are no medical injuries and the damage to the vehicle seems minimal, you may move your car to the side of the road to prevent disrupting traffic flow.
Before you move the vehicles take at least 5 photographs of the vehicles on the scene, showing directions of travel and where the cars are, immediately after the accident.
Also take pictures of the damage to your vehicle. If possible, take pictures of the damage to all vehicles involved in the incident using your cellphone. Be sure to note all road names, landmarks, intersections, and robots, as you will need to draw a sketch and description of how the accident took place on your police report as well as for insurance purposes.
Checklist: Information needed from the other party when in an accident
Ask the other party for their particulars. These include:
- A photo of their driver’s licence or you need to see it at least
- Full names (initials, first- and middle names, and surnames)
- ID number
- Vehicle registration number
- Address
- Mobile number and other contact details (home and work)
- Insurance company details (insurer and policy number)
- Make, model, and colour of the other vehicle
- Time and date of the accident
- Details of any eyewitnesses
The legalities:
Both parties must report the incident at the nearest police station in the vicinity of the crash scene within 24 hours and get an Accident Report (AR) number, as this is required for any car insurance claim or third party claim you may lodge.
Your insurance policy may have a stipulated timeframe in which you must report an accident. It is always best to file your claim – or even notify the insurer that you are going to do so – within 48 hours.
Your insurer has the right of SUBROGATION – so when you took out insurance, you agreed that you WOULD file a claim with your insurer and they will be entitled to recover what they pay you. So an insurer is entitled to sue the other driver, but you may not be. Make sure you FIRST file a claim with your own insurer. If you decide that there is no claim or the other person promises to pay you, advise your insurer in writing and ask if you can do this. If you are relying on the other party’s insurer you might be horrified to find they don’t pay – they wait for you to sue them.
If you require legal advice or guidance regarding an insurance claim that has not been paid or you need to recover from the other party and you are NOT insured, turn to Blake Attorneys for help with your case. We have extensive expertise in insurance litigation and have been providing legal services in the Johannesburg area for over 30 years. For more information or enquiries, contact us and speak to an attorney today.