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In our last blog we gave you all guidelines on what to do after you are involved in a motor car accident. We stress that it is always advisable for you to seek prompt, proper and professional legal advice and also to secure reliable legal services when dealing with this and any other type of factual and legal dispute. It is always advisable to be aware fully of all your legal rights in any given circumstances.

Today we answer some questions that are often asked by our clients.

Car Accident What will happen now

  1. Must I see a doctor after an accident to check me out for injuries?

As there is the possibility of an MVA, personal injury or civil claim; it is always advisable, if you have suffered some injuries to see a doctor and get a medical certificate for those injuries. The shock and adrenaline flowing after an accident may mask injuries, bruising and swelling caused by an accident and if you have not sought medical assistance immediately after an accident; this failure to seek medical advice might well compromise the success of a personal injury claim.

  1. How is fault determined in an accident incident?

To succeed in a personal injury claim we have to prove on a balance of probability that the driver responsible for the accident acted negligently or in an irresponsible manner. Examples of the sort of evidence which will assist in proving this as a fact are: police accident reports, witnesses’ statements and/or photographs/videos of both the cars involved and the scene of the collision.

  1. When will the police investigate a car accident?

The police will criminally investigate an accident if someone has been killed or if someone is seriously injured in that collision. They will also investigate it, if it appears that a serious offence has been committed, a vehicle of the national or provincial government is involved and where a charge of written compliant is laid by a victim or driver alleging that an offence has been committed eg drunk driving or reckless and/or negligent driving. The evidence gathered by the police may well be very important in any personal injury claim but also in damages claims for damage caused to your vehicle.

  1. What is and how do you claim for pain and suffering arising from a car accident?

Pain and suffering refers not only to the actual pain caused by physical injury in an accident; but also encompasses the stress and emotional trauma experienced as a result of the accident and you injuries. It includes physical, emotional, and psychological pain and suffering. These claim are often substantial claims; amounting to tens and often hundreds of thousands of Rands. These claims are personal injury civil claims where you sue the party responsible for all your damages including pain and suffering.

  1. What evidence is needed for a personal injury claim?

Evidence to support a personal injury claim can take the form of oral evidence, police reports, medical reports, chemist and doctors’ bills, medical reports, prescription receipts, proof of lost earnings and wages, photographs and videos and eye witness statements and their oral evidence. There are many other examples.

We will continue in our next blog on Friday to answer further questions often asked of us and related to motor vehicle accidents.

If you have been recently involved in a motor vehicle accident and need advice or legal services on the civil or criminal aspects of the collision, personal injury claims, MVA claims and/or civil damages claims then please contact our office and/or legal consultant, as soon as possible for obtaining proper, professional legal advice.

Hugh’s telephone numbers are: 082-0932304 (preferred) or 028-3162832, where you can leave a message if he is unavailable. You can also send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it.

Again; if you have been involved in a car accident recently; then contact us at The Legal Advice Office at or better still send an email to one of our email addresses; either This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert within 48 hours.

Thank you.

The Legal Advice Office Team.


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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (0) 82 093 2304