Non reporting of accident

Question

Thank you for a great site- really helps in planning trips especially with the holidays upon us. Please help me with a query. I have read your advice on procedure to follow after an accident. I was involved in an accident which I believe was not my fault. I had to pay the excess to my insurance and they had begun the legal aspects and I was told when all the legalities are wrapped up and it was proved that I was not guilty, I would get the excess back as well as they would recover any expenses on the claim. I was told by my insurance legal team that the other driver denies any involvement in the accident and he may not have reported the accident. What are my rights regarding this? What are the implications since he did not report the accident? Does this automatically make him liable for damages?

Answer

The other driver has committed an offence in terms of the Road Traffic Act (Section 61: Duty of driver in event of an accident, paragraph (1) (e) & (f) which require reporting of the incident). No-reporting does not automatically make a person liable for damages - but you can lay a charge of reckless and negligent driving at the local police station and then the matter can be taken further.