Claim from someone else's insurance

When this is the right approach

Direct claim from the at-fault driver's insurer makes sense in several specific situations. First: you have no comprehensive cover yourself — your own policy doesn't respond to the damage, so the only route is the at-fault party's liability cover. Second: the damage is below your excess but the other party's liability is clear — you don't want to claim on your own (paying excess for an amount close to or below it), but the other party should bear the cost.

Third situation: you have comprehensive cover but you're worried about premium impact at your own renewal. Most insurers treat not-at-fault claims with minimal premium impact, but the claim is still on your record and visible to subsequent insurers. Claiming directly from the at-fault party's insurer keeps your record clean.

Fourth: the at-fault driver admits liability cleanly at the scene, has insurance, and is cooperative. In this scenario, direct claiming is straightforward and gives you control over the repair process (choice of repairer, timing, replacement parts versus refurbished) that claiming through your own insurer typically constrains.

When direct claiming doesn't work: where fault is disputed, where the at-fault driver disappears, where the other party's insurer disputes liability, or where the damage is substantial enough that your own insurer's claim machinery is better resourced for the recovery effort. In these cases, claiming on comprehensive cover and letting your insurer pursue recovery is the better path.

The information you need from the at-fault driver

Get all of this at the scene. Once the parties separate, getting it later is harder — and any delay reduces the quality of evidence and weakens the claim.

The driver's full name, ID number, and residential address. The vehicle's registration number, make, and model. The driver's insurance company name and policy number. The driver's contact telephone number. The driver's relationship to the vehicle (owner, named driver, family member, etc — if not the owner, the owner's details too).

The insurance details are particularly important. Without the at-fault driver's insurance company name and policy number, you cannot lodge the third-party claim. Most SA insurers will not engage with a third-party claim that doesn't reference an active policy.

Photographic evidence at the scene: both vehicles' damage from multiple angles, the surrounding context (lane markings, traffic lights, signs, weather conditions), debris pattern, the position of both vehicles immediately after impact before anything is moved. Dashcam footage is the strongest single piece of evidence; secure it before doing anything else.

Witness details: full name, ID number, address, contact details. Brief written statement at the scene (even on a phone note app, signed digitally if possible) is more valuable than a witness statement obtained weeks later.

SAPS case number. Open a SAPS case while the facts are fresh. The CAS number is required for almost every subsequent step in the process and confirms that the incident has been formally reported.

Lodging the third-party claim with the at-fault driver's insurer

Contact the at-fault driver's insurer directly through their claim notification channel (typically a 24-hour hotline or online claim portal). Identify yourself as a third-party claimant — you're not their policyholder; you're someone making a claim against their policyholder's liability cover.

Information they'll request: their policyholder's name and policy number; date, time, and location of incident; description of the accident; photographs and supporting evidence; SAPS case number; your own contact and identification details; details of the damage you're claiming for; quotation or assessment of repair cost.

Most insurers will assign an investigator or claims handler to the third-party claim. They'll typically contact their own policyholder to get their version of events, review the evidence, and assess liability. The process takes 2-8 weeks for clean cases; longer for disputed or complex matters.

During the assessment phase, you may be asked to attend at their offices for a recorded statement, or have an assessor view your vehicle. Cooperate with the process but recognise you're a third party, not their policyholder — you're not bound by their internal procedures the way their own customer would be.

When the at-fault driver's insurer accepts liability

If liability is accepted, the at-fault driver's insurer pays for your repair. Different insurers handle this differently: some pay you directly so you can engage your chosen repairer; some prefer to deal directly with the repairer of their choice; some give you a list of approved repairers and ask you to select from those.

For straightforward cases, payout typically happens 4-12 weeks from the date of lodgement. The amount is typically the cost to restore your vehicle to pre-accident condition — the same standard your own comprehensive policy would apply. You don't pay an excess on a third-party claim against another driver's insurance because you're not their policyholder.

If your vehicle is a write-off, the at-fault driver's insurer pays you the retail or market value. The exact value can be negotiated based on the vehicle's actual condition, recent service history, accessories, and any other elements that support a higher valuation.

For consequential losses (loss of use, hire car costs during the repair period), some insurers compensate; some don't. The right approach is to document and claim for these alongside the direct repair cost, then negotiate based on the response.

When liability is disputed

The at-fault driver's insurer may dispute liability on several grounds: their policyholder denies fault; the evidence is contested; there were contributing factors from your side; or no clear fault determination can be made from the available evidence.

Where liability is disputed, you have three options. First: provide additional evidence to strengthen your position (additional witness statements, expert assessment, dashcam footage that may have emerged). Second: escalate within the insurer — request a manager review or refer to their internal complaints process. Third: external escalation through the National Financial Ombud (NFO, formerly the OSTI) or direct legal action against the at-fault driver.

The NFO handles consumer disputes with SA insurers, including third-party disputes. The process is free for the consumer; it typically takes 3-9 months to resolve. The ombudsman reviews evidence and issues a recommendation; while non-binding, most insurers comply with NFO recommendations.

Direct legal action against the at-fault driver (suing them personally) is the final route. Small Claims Court for amounts under R20,000 with simplified procedure. Magistrate's Court for amounts up to R400,000. High Court for larger amounts. Specialist attorneys can advise on prospects before commencing proceedings.

Comparing: direct third-party claim vs comprehensive cover claim

Comprehensive cover claim is typically faster — most claims settle in 2-6 weeks if straightforward. Third-party claims against another insurer typically take 4-12 weeks. The difference matters when you need your vehicle back on the road quickly.

Excess: you pay excess on your own comprehensive claim. You don't pay excess on a third-party claim against another driver's insurance. For small claims close to or below excess, the third-party route is meaningfully cheaper.

Premium impact: comprehensive claim for a not-at-fault event typically has minimal premium impact at most SA insurers, but the claim is on your record. Third-party claim against another insurer doesn't appear on your insurance record at all.

Recovery effort: comprehensive claim shifts the recovery burden entirely to your insurer — their problem to deal with the at-fault party. Direct third-party claim puts the recovery effort on you, with all the documentation, communication, and pursuit of liability the process entails.

For most policyholders with comprehensive cover, the trade-off favours claiming on your own policy for substantial losses and direct third-party for marginal-or-below-excess losses where the principle of recovery matters more than the recovery speed.

When you should use an attorney

For most direct third-party claims, you can manage the process yourself. The information you need to provide is standard, the steps are well-defined, and the insurer's claim handler will guide you through their specific process.

Use an attorney when: liability is disputed and you're facing a formal denial; the claim amount is substantial (typically R100,000+) and complex valuation issues are involved; injuries are part of the claim (the legal and medical complexity benefits from specialist representation); the at-fault driver's insurer is being uncooperative and direct contact isn't resolving the matter; or you're considering NFO referral or court action.

Many SA attorneys handle motor vehicle claims on a contingency or partial-contingency basis — you pay only if the recovery is successful, and the fee is a percentage of recovery. This reduces the financial barrier to professional representation for cases where your own resources are stretched.

For RAF claims involving personal injury, specialist personal injury attorneys are essentially essential — the process is complex enough that professional representation pays for itself. Most personal injury attorneys take these cases on contingency.