Negligent driver crashes into you…who is at fault?

There are few feelings worse than trying to avoid an accident, and having it anyway. What do you do if you are involved in an accident? Are you at fault or is the other driver to blame?

The answer is not simple…it depends.

Having right of way does not exempt you from being liable for a car accident if you could have avoided it. Therefore, it is crucial to be alert at all times when you’re in your vehicle, even when you’re stationary at the traffic light, as accidents happen when you least expect them.

If you are involved in an accident and the accident is not your fault , here’s what you need to know about how this will affect you:


If a driver skips a red robot or tries to avoid a pothole and crashes into you and you fail to move out of its way (if possible) you may liable to pay for a proportional percentage of the damage incurred. You are, by law, required to avoid an oncoming crash at all costs and failure to do so can result in you paying  for damages.


  • If a tourist or foreign national drives into your car

Irrespective of being a tourist or a South African, the process of claiming either from your or their insurance remains the same. The same routine check-up should be taken when being involved in an accident with a tourist or foreign national. Ensure that when customary details such as Identity numbers, full names and cell phone numbers are taken, you also remember to take down the details of their country of birth and hometown address.


  • If a driver crashes into a car in front of you and your car gets damaged in the process

You are entitled to make a claim from your insurance – just remember to take down all details from the parties involved in the collision.

To ensure you do not forget to take down any important details at the scene of the accident, download the MiWay app . Make sure you are covered by your car insurance which will help put you back into the same financial situation you were in before the accident.



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