Your rights when claiming against third-party insurance in South Africa

If you’re ever involved in a motor vehicle accident and it’s not your fault, the first thought is generally, ‘I hope they have insurance’. If they do, you can likely claim from their third-party insurance policy for incurred damages to your vehicle. Third-party insurance is a crucial yet often misunderstood aspect of vehicle cover. While many motorists understand it provides coverage for damages they cause to others, few are aware of their rights when they need to claim against someone else’s third-party insurance.

Motorists need to elevate their understanding of how third-party insurance works and how they should protect themselves following an accident.

Grasping third-party insurance is crucial for policyholders and anyone needing to claim from another driver’s policy. With so many accidents on our roads, too many South Africans don’t even realise they have the right to seek compensation if their vehicle or property is damaged by a driver who has third-party insurance in place.

Third-party insurance covers the policyholder (the ‘at-fault’ driver) against legal liability for damage to another person’s vehicle or property. The individual who suffers the loss (the third party) can claim against the policyholder’s insurance to recover repair costs or replacement expenses.

Liability in third-party insurance claims is determined based on road rules and evidence from the accident scene. The process can involve police reports, witness statements, and insurer assessments.

If another driver is at fault in an accident and they have third-party insurance, you have the right to submit a claim against their insurer. However, there are a few critical steps involved to put through a successful claim:

1. Obtain the necessary details
   • Collect the other driver’s full name, contact details, and insurance provider information.
   • Note the vehicle make, model, colour, and registration number.
2. Gather evidence
   • Take clear photographs of the accident scene, including damage to vehicles and any relevant road signs or markings.
   • If possible, collect statements from witnesses who saw the accident occur.
3. Report the accident
   • File an accident report with the South African Police Service (SAPS) within 24 hours. The case number you receive will be required when submitting a claim.
4. Lodge the claim promptly
   • Contact the responsible party’s insurer immediately and provide all supporting documentation.
   • Keep a record of correspondence with the insurer to track the claim's progress.

While third-party insurance provides essential protection, motorists should assess whether their coverage is enough and check again regularly. The South African Insurance Association (SAIA) reports that 65% of South African motorists are uninsured, so relying on another driver’s insurance may not always be an option.

The economic strain of covering accident-related costs out of pocket can be severe. Having at least third-party cover ensures you are not financially exposed if you cause an accident. At the same time, understanding your rights empowers you to act swiftly if you need to claim against someone else’s policy.

As road accidents remain a pressing issue, motorists are encouraged to educate themselves on their insurance options and ensure adequate coverage. Whether you're a policyholder or a claimant, if you know the nuances of third-party insurance, a terrible accident doesn’t have to turn into a financial tragedy.

* Naidoo is the executive head of claims and procurement at Miway Insurance.

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