Accident in a hire car in South Africa

1. Stop. Leaving the scene of an accident involving another vehicle, person or property is a criminal offence.
2. Make it safe. Hazards on, warning triangle out if you have one, and get people away from live traffic.
3. Check for injuries. Call 10111 for the SAPS, or 112 from a cell phone, for emergency services.
4. Do not move seriously injured people unless there is fire or immediate danger.
5. Photograph the vehicle positions before anything is moved, if it is safe to do so.
6. Then move the vehicles off the roadway if they are drivable and it is safe.

Stay calm and stay factual. Apologise for the situation if you want to, but never say the accident was your fault. Liability is decided later from evidence.

Get all of this before anyone leaves:

• The other driver's full name, ID number, cell number and address
• Their vehicle make, model, colour and registration number
• Their insurer and policy number, if they have one
• Whether the driver is the owner, and if not, the owner's details
• Names and cell numbers of any independent witnesses
• The exact location, time, weather and road conditions
• Wide photographs of the scene from several angles, plus close-ups of all damage on every vehicle
• Photographs of the other vehicle's number plate and the other driver's licence
• Any skid marks, debris, road markings, signs or traffic lights involved

Note any nearby cameras, shop CCTV or dashcams. Footage can be requested later and it settles disputes quickly.

Report the accident to the SAPS within 24 hours where there is injury, death, or damage to another vehicle or to property. Take your licence, the rental agreement and your photographs.

You want the case number or accident report number written down before you leave the station. Note the officer's name and station too.

Even for a minor solo incident with no other party involved, ask the operator whether they require a case number. Many do, and getting one after the fact is far more difficult than getting one on the day.

Phone the number on your rental agreement as soon as the scene is under control. They will tell you:

• Whether the vehicle can be driven or needs recovery
• Where to take it, or where it will be taken
• Whether a replacement vehicle is available and on what terms
• What incident documentation they need from you

Then do these three things:

1. Complete the operator's incident form fully and keep a copy for yourself.
2. Do not authorise any repair. Repairs are arranged by the operator, and unauthorised work can prejudice your position entirely.
3. Do not accept a cash settlement from the other driver at the scene. You are not the owner of the vehicle and you are not in a position to settle a claim on it.

Note that your roadside assistance may not extend outside South Africa. If you are across a border, confirm what applies before you rely on it.

Beyond the repair, operators commonly charge a loss of use amount for the days the vehicle is off the road, and an administration or assessment fee. Ask for these to be itemised.

Common breaches that void a waiver: an unnamed driver, driving under the influence, commercial or e-hailing use, and driving on restricted surfaces. Any one of them turns a capped exposure into an open one.

Bodily injury claims arising from road accidents in South Africa may involve the Road Accident Fund, which operates separately from your rental agreement.

If you bought [excess insurance](/guides/car-hire-excess-explained/) separately, the operator still charges you first and you claim it back. Submit as a complete pack:

• The completed incident report
• The SAPS case or accident report number
• The operator's itemised charge or repair invoice
• Your scene and damage photographs
• A copy of the rental agreement and the collection damage sheet

Incomplete submissions are the usual reason these claims stall. Send everything at once, and keep the whole file together until the claim is settled and the deposit released.

Ask, in writing, for the itemised repair quote, photographs of the damage as assessed, the loss of use calculation and the clause of the agreement being relied on.

Compare against your own collection photographs and the signed damage sheet. Pre-existing damage that was never recorded is the most common dispute, and timestamped photographs usually resolve it.

Escalate to the operator's head office in writing. If that does not settle it, the Motor Industry Ombudsman of South Africa (miosa.co.za) handles disputes between consumers and vehicle rental businesses at no cost, and expects you to have approached the operator first.