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Steps To Take Following A Drunk Driving Accident In SA

The festive spirit tends to get the better of many, resulting in a significant increase in car accidents during the appropriately named silly season.

In this article you’ll read about:

  • Follow the rules of the road
  • Document everything
  • Don't compromise your cover
  • Make sure your insurance is up to scratch
  • Better safe than sorry

'Tis the season to be jolly, or so the saying goes. However, the festive spirit tends to get the better of many, resulting in a significant increase in car accidents during the appropriately named silly season. In fact, January of this year alone saw 961 drivers arrested for drunken driving, with 774 people losing their lives in 637 crashes that occurred over the corresponding period.

So as the festive season draws ever closer, it's important not only to take steps to prevent collisions with inebriated drivers, but also to arm yourself with the information you need should you find yourself behind the wheel in the wake of an accident.

Remaining lucid in these types of situations can be difficult, but if you suspect that the collision could have been avoided had your fellow motorist adhered to the legal drinking limit, it's important to do your best to capture as much information as possible whilst on the scene. This can make a critical difference when it comes to filing a car insurance claim, which is likely to go smoother if you're able to clearly demonstrate how the incident occurred, and provide your insurer with concrete information to aid in their investigation of events.

It's also vital to pay attention to what you do and say in the wake of an accident, as even the most inane comments uttered in the heat of the moment can have an impact on the outcome of any subsequent investigation. As such, you'd be well advised to stay calm, follow the rules and do your best to prevent unnecessary self-sabotage.

Here are a few key steps to follow in the event of an accident so as to ensure that your claim is paid out quickly and in full:

Follow the rules of the road

No matter how minor your accident might seem, you're legally obliged to stop as soon as it's safe to do so. So do your best to find a secure spot before switching off your engine and turning on your hazard lights to alert fellow drivers. Thereafter, do your best to get your bearings and establish whether you, your passengers or anyone else is injured. In the event of an injury, you'd be well advised to call emergency services rather than attempting to administer first aid manoeuvres that could potentially exacerbate the situation. Bearing in mind that recall can be difficult in instances of shock, it's a good idea to have all emergency services stored in your phone to avoid losing precious seconds that could end up proving critical.

If anyone has been seriously injured or killed, you're obliged to call the police to the scene of the crash, and to report it in person at your nearest police station. If you believe that the other driver was under the influence of alcohol or drugs at the time of the accident, it's also vital that you provide them with this information, as serious accidents will undergo a more thorough investigation. Should police involvement be required, it's important not to leave the scene until you're expressly given permission to do so, as this could end up compromising your insurance claim.

Document everything

Information is key when it comes to filing your insurance claim, so the more you can compile, the more likely you are to achieve a swift and favourable result. Remember that even the most seemingly trivial details can make a difference - from the weather conditions to the time of the accident. All this information will be subsequently utilised by Accident Reconstruction Specialists, who are typically called to investigate instances of drunken driving.

First and foremost, you'll want to arm yourself with all the particulars of the other person involved in the accident, making sure to jot down their names, identity numbers, contact details, addresses and insurance details. You'll also want to get the details of any potential witnesses, as well as the details of the car owner, should the driver be using a work vehicle. If someone refuses to give you their details, your insurer may be able to track them down using their vehicle registration number so notify them as soon as possible.

Additionally, make sure to photograph the scene in as much detail as possible, capturing any damage to property, the surrounding area and injuries incurred. You might also want to sketch out the scene and make a statement regarding the sequence of events for easier recall at a later stage. Bear in mind that you are likely to be in a less than lucid state, which means that it might be difficult to recall the exact sequence of events at a later stage. By documenting all aspects of the event, you'll be able to ensure that your interpretation of events is consistent and backed up by physical evidence.

Don't compromise your cover

It's important to remember that anything you do or say at the scene of the accident might influence your claim, so even though your emotions will likely be running high, try your best to avoid making any off-hand comments or claims that might be used against you. First of all, make sure not to say anything that might make you seem responsible for the accident, and don't proffer any type of payment that could be perceived as a bribe. Even a throwaway statement like "My insurer will sort it out" could be taken out of context and be seen as an admission of guilt.

Equally damaging to your cause are 'admissions' like "I didn't see you" or "I was just checking my phone", even though they might seem innocent enough at the time. Furthermore, you'll want to avoid sounding off on your physical state whilst under the influence of endorphins and adrenaline. Injuries can take time to reveal themselves, and should you wish to make a claim regarding physical damage suffered, you'll regret having made an off-the-cuff comment in the heat of the moment.

Remember, when it comes to conversing at the scene of the crime, less is always more. Your best bet is to observe and collect as much information as possible, and to avoid entering into any deals or financial discussions without legal representatives present.

Make sure your insurance is up to scratch

Whilst it is still possible to claim damages from the other driver should they be proven to have been over the limit at the time of the accident, it's likely to be a lot more complicated should you not have your own insurance in place. Should the other party not have their own car insurance policy, you would be forced to take the legal route to claim damages, which can be time-consuming and seldom successful. However, if you're protected by a comprehensive insurance plan, your insurer will be tasked with claiming damages on your behalf and will work to recoup the funds using the appropriate channels, saving you time, hassle and financial stress.

Ahead of the festive season, make sure to review your car insurance, ensuring that it's up to date and that it offers up sufficient cover in the event of an accident. Should any of your details – for example your address or the regular driver of your vehicle – have changed, it's important to update these so as to ensure your cover isn't compromised. You might also want to investigate a revised car insurance quote based on your current situation – perhaps you're now working from home more often and spending less time on the road, which could entitle you to a lower monthly premium. So, make sure to speak to your insurer before hitting the road this silly season.

Better safe than sorry

It can be tempting to reach for a second glass during the course of the festive season, but even if you feel you're good at handling your alcohol, bear in mind that if you're found to be over the legal limit in the event of an accident, you could be held liable for damages caused. As such, it's better to exercise caution, limiting your consumption as per legal guidelines, or making use of a taxi or ride sharing service. Some insurers like Miway offer a number of free rides per year, which you can book in advance to ensure peace of mind. Given the high accident rate over the festive period, you'd be well advised to speak to your insurer and understand the options available to you so as to avoid becoming a statistic this season.

Accidents tend to happen when least you expect them, and as the festive season kicks into high gear, the prevalence of drunken drivers on South Africa's roads is likely to increase. So, while it might not be possible to avoid a collision, you can take a number of concrete steps to protect yourself and your financial interests in a worst-case scenario. By understanding what to do and what not to do in the wake of an accident, you can ensure that any claims you might need to make are both swift and successful, thus avoiding unnecessary losses that might compromise that much-anticipated festive break.

Miway is a licensed non-life insurer and Financial Services Provider (FSP 33970).

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24/7 Emergency AssistanceCall 0860 07 67 64
24/7 Emergency AssistanceCall 0860 07 67 64

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