Uninsured Driver Accident? You're Covered. They're Not. Now What?

You did the responsible adult thing, and you got car insurance. You pay your premiums, you drive defensively, you even park under the shade when possible. But then one rainy Thursday, someone rear-ends you at a traffic light... and it turns out they don’t have insurance.

While they’re fumbling through excuses (“my brakes were weird”, “I dropped my phone", "the robot was orange”), you’re left wondering: who’s going to pay for this?

If You're Insured and They're Not, You're Still in a Better Position

The good news is that your insurer has your back - after all, that’s the point of having insurance. Depending on the type of cover you have, your insurer can help repair your car, get you back on the road, and possibly even recover costs from the other driver (more on that in a second).

If you have Comprehensive Car Cover, you’re generally protected against:

• Accidents (even if the other driver isn’t insured),
• Theft, fire, and weather damage,
• Damage to your own vehicle, not just the other party’s.

So yes, your car should get fixed.

But here's the catch: you may still need to pay your excess, which is the amount you contribute before your insurer steps in. Whether or not you can recover that money depends on the situation.

Can You Claim from the Uninsured Driver?

Technically, yes. But practically, it’s complicated.

If the uninsured driver caused the accident and you can prove it (eyewitnesses, dashcam footage, police report), you or your insurer can try to claim the damages directly from them. This is called a third-party recovery.

But here’s where things get sticky: around 65–70% of vehicles in South Africa are uninsured. That’s roughly 520,000 of the 800,000 accidents a year involving drivers who don’t have cover. And most of them aren’t sitting on a pile of cash to settle a damages bill.

Even when liability is clear, insurers only succeed about 45% of the time when trying to recover these costs. If your insurer does go after the other driver and succeeds, you may get your excess back. But if not, you’re likely to carry that cost.

Some insurers will handle this whole process for you (another reason to choose your cover wisely), but not all will. Remember, always check the fine print.

Can You Take Legal Action Against the Uninsured Driver?

Yes - but again, it depends.

If your damage is under R20,000, you can take the matter to the Small Claims Court, which doesn’t require a lawyer. For anything higher, you’ll need to go through formal legal channels, which can be time-consuming and expensive.

Also worth knowing you have up to 3 years to start a claim against the uninsured driver before it legally “prescribes” (expires). So, the sooner you act, the better.

What If You Only Have Third-Party Insurance?

This is where things get tricky.

Third-party cover is the most basic option. It covers damage you cause to someone else’s vehicle but not damage to your own. So, if an uninsured driver crashes into you, you’ll have to pay out of pocket to fix your car.

That’s why Third-Party Insurance is best for people who drive cars of lower value and can afford the risk of repair or replacement. But if you rely heavily on your car for work, family, or life in general, it might be time to rethink your level of cover.

So, What Should You Do After the Accident?

Here’s your action list (regardless of who’s insured and who’s not):

• Stay calm. Tempers and traffic don’t mix well.
• Get the other driver’s details: name, contact info, ID, license plate, and driver’s license.
• Take photos of the damage, the scene, and any relevant traffic signs or signals.
• Report the accident to the police, especially if there’s injury or significant damage.
• Notify your insurer as soon as possible, even if you’re not planning to claim right away.

And if they’re uninsured? Mention it. Your insurer may have a process for trying to recover the costs, especially if you have Comprehensive Cover.

Bottom Line: You Can’t Control Other Drivers, but You Can Protect Yourself

Uninsured drivers are more common than you think, and unfortunately, they don’t come with warning signs on their windscreens.

Having the right car insurance means you’re not left holding the bill for someone else’s mistake. Whether it’s a minor fender bender or something more serious, you’ll have options, and that’s what financial peace of mind looks like.

If you’re not sure your current cover would hold up in a real-life accident, head to hippo.co.za. You can compare quotes from multiple trusted insurers in one place and find the right level of protection for your car (and your budget).

Because being insured isn’t just smart - it’s necessary. Especially when not everyone on the road is playing by the same rules.