Your Rights After a Hit and Run: A Complete Guide to Accident Claims
A hit and run accident can be a distressing experience, especially when the driver responsible for the crash flees the scene. The confusion, trauma, and uncertainty of not knowing who caused the accident can make the situation even more overwhelming. However, South African law offers protection for victims of hit and run accidents, providing avenues for seeking justice and claiming compensation. If you’ve been involved in a hit and run accident, understanding the claims process is essential to ensuring that you receive the compensation you deserve.
What Is a Hit and Run Accident?
A hit and run accident occurs when a driver involved in a collision leaves the scene without stopping to offer assistance, provide their details, or report the incident to the police. In these types of accidents, the responsible driver flees to avoid legal consequences or to evade liability for the damage caused. Unfortunately, this leaves the victim without the necessary information to pursue a claim through the responsible party’s insurance.
In South Africa, hit and run accidents are illegal, and the fleeing driver can face criminal charges. However, if you are the victim of a hit and run accident, the law still allows you to claim compensation from the Road Accident Fund (RAF), even if the identity of the driver is unknown.
Steps to Take After a Hit and Run Accident
After a hit and run accident, there are several critical steps to take to protect your legal rights and ensure you can pursue a successful claim. The quicker and more organized you are in gathering evidence and reporting the accident, the better your chances of securing compensation through the RAF.
1. Get Medical Attention Immediately
Whether or not you feel injured, it is essential to seek medical attention immediately after a hit and run accident. Some injuries, such as whiplash, concussions, or internal damage, may not be immediately apparent. Prompt medical treatment not only ensures your well-being but also provides documentation for your claim.
2. Report the Incident to the Police
You must report a hit and run accident to the police as soon as possible. In South Africa, the law requires that you file a police report when you are involved in a hit and run accident. A police report serves as essential documentation when claiming compensation from the RAF, and it helps authorities investigate the incident. Make sure to provide as much information as possible, including the accident’s location, time, and any details about the fleeing vehicle that you may have observed.
3. Document the Scene and Gather Evidence
If you are able to do so, gather evidence from the scene of the accident. Take photographs of your vehicle, any visible damages, and the surrounding area. If there are witnesses, ask for their contact details and any information they may have about the accident. Security camera footage or dashcam footage from nearby vehicles can also be extremely valuable in helping to identify the responsible driver.
Claiming from the Road Accident Fund (RAF)
The Road Accident Fund (RAF) is a government-established institution that provides compensation to individuals who have been injured in road accidents in South Africa, including victims of hit and run accidents. If the at-fault driver cannot be identified, you can still pursue a claim through the RAF.
What Can You Claim from the RAF?
The RAF compensates victims of road accidents for several types of damages, including:
- Medical Expenses: Compensation for hospital bills, doctor visits, rehabilitation, and ongoing medical treatment related to your injuries.
- Loss of Income: If your injuries prevent you from working, the RAF will compensate you for lost wages, as well as future loss of income if your ability to work is permanently affected.
- General Damages: These include compensation for pain, suffering, emotional trauma, and loss of quality of life as a result of the accident.
How to File a Hit and Run Accident Claim with the RAF
Filing a claim with the RAF for a hit and run accident can seem like a complex and daunting process, especially without the information of the responsible driver. However, by following the correct steps and providing the necessary documentation, you can successfully claim compensation.
Step 1: Report the Accident to the Police
Ensure that the hit and run incident is officially reported to the police and that you receive a copy of the police report. This will serve as crucial evidence for your claim.
Step 2: Gather Medical Records
Collect all medical records and receipts for treatment received after the accident. These records will be essential to prove the extent of your injuries and your medical expenses.
Step 3: Prove Loss of Income (if applicable)
If your injuries prevent you from working, you will need to provide proof of your lost income. This can include payslips, bank statements, or a letter from your employer confirming your absence from work.
Step 4: Submit Your Claim
Once you’ve gathered all the necessary documentation, you can submit your claim to the RAF. The RAF will review your claim and determine the compensation you’re entitled to receive.
How PM Attorneys Can Assist with Your Hit and Run Accident Claim
Filing a hit and run accident claim can be challenging, especially when the responsible driver is unknown. That’s where PM Attorneys comes in. Our team of experienced legal professionals specializes in helping victims of hit and run accidents navigate the complex claims process.
At PM Attorneys, we offer the following services to help you with your hit and run accident claim:
- Expert Legal Advice: We will guide you through every step of the RAF claims process, ensuring you meet all deadlines and requirements.
- Evidence Collection: We can assist in gathering critical evidence, such as witness statements, medical records, and accident reports, to strengthen your case.
- Negotiations with the RAF: Our attorneys are skilled in negotiating with the RAF to ensure you receive the full compensation you deserve.
- Contingency-Based Fees: We offer flexible fee structures, and we don’t get paid unless you win your case.
Take the First Step Towards Compensation Today
If you’ve been involved in a hit and run accident in South Africa, don’t let the stress and confusion hold you back from securing the compensation you deserve. With the support of PM Attorneys, you can navigate the legal process with confidence, ensuring that your rights are protected and your claim is handled with the care and attention it deserves. Contact PM Attorneys today for a free consultation. Let our experienced team help you secure the compensation you need to recover from your injuries and move forward with your life.