Claims how-to
Claiming when you were not at fault
By Sipho Dlamini · 5 min read · Updated 24 June 2026
- Route 1
- Claim on your own comprehensive cover
- Route 2
- Claim against the at fault driver
- Excess
- Recoverable if the other driver is proven at fault
- Key
- Evidence proving you were not to blame
If you were not at fault, you have two routes in South Africa: claim on your own comprehensive cover and let your insurer recover the costs and your excess from the at fault driver, or claim directly against that driver or their insurer. The first is usually faster, the second can avoid paying excess upfront but relies on proving fault.
Not being at fault does not automatically mean you avoid excess or keep your bonus, so the route you choose matters. Good evidence is what makes either path work.
This guide compares the two routes and how to protect your excess and bonus.
Route 1: claim on your own cover
If you have comprehensive cover, claiming on your own policy is usually the quickest way to get your car fixed. You pay your excess upfront, but if your insurer proves the other driver was at fault, they recover the costs and refund your excess. Your no claim bonus may dip temporarily and be restored once recovery succeeds, depending on your insurer.
Route 2: claim against the other driver
You can instead claim directly against the at fault driver or their insurer (a third party claim). The advantage is you may avoid paying your excess and keep your bonus untouched. The drawback is it is slower and depends on proving fault and the other party cooperating, especially if they are uninsured.
Recovering your excess
Even on your own claim, your excess is recoverable if the other driver is clearly at fault and traceable. Your insurer pursues recovery, and once successful, refunds the excess to you. Keep your evidence handy because the stronger the case, the better the chance of recovery.
Protecting your no claim bonus
A no fault claim can still show on your record. Some insurers protect or restore your bonus once they recover from the at fault party. Ask your insurer how a recovered no fault claim affects your bonus before you decide which route to take.
Evidence you need
- Photos of the scene, damage and positions
- SAPS case or AR number
- Witness details and statements
- The other driver's details and insurer
- Dashcam footage if available
This evidence is what lets your insurer recover, or lets you win a direct third party claim.
Frequently asked questions
Do I pay excess if I was not at fault?
If you claim on your own comprehensive cover, you usually pay excess upfront, but your insurer can recover it from the at fault driver and refund you. Claiming directly against that driver can avoid paying it at all.
Should I claim on my own insurance or against the other driver?
Claiming on your own comprehensive cover is usually faster. Claiming against the other driver can save your excess and bonus but is slower and depends on proving fault and their cooperation.
Will a no fault claim affect my no claim bonus?
It can show on your record, but some insurers protect or restore your bonus once they recover from the at fault party. Ask your insurer how they treat recovered no fault claims.
How do I prove I was not at fault?
With scene and damage photos, the SAPS case number, witness statements, the other driver's details and dashcam footage if available. Strong evidence is what enables recovery or a successful third party claim.
Can I get my excess back?
Yes, if the other driver is clearly at fault and traceable. Your insurer pursues recovery and refunds your excess once successful. Keep your evidence to support the case.
What if the other driver is uninsured?
Claim on your own comprehensive cover if you have it. Recovering your excess then depends on whether the uninsured driver can pay, which is not guaranteed.
Is claiming against the other driver worth it?
It can be if they are clearly at fault and insured, and you want to avoid excess. But it is slower and harder if they dispute fault or are uninsured, so weigh the effort against claiming on your own cover.
