Claims how-to
Claiming against the other driver (third party claim)
By Sipho Dlamini · 6 min read · Updated 24 June 2026
- What it is
- Recovering costs from the at fault driver
- Best when
- Other driver clearly at fault and insured
- Key requirement
- Evidence proving the other driver caused it
- Watch out for
- Uninsured or unwilling drivers, slow process
A third party claim is when you recover your costs from the driver who caused the accident, rather than from your own policy. In South Africa you do this when the other driver was at fault and you either have no comprehensive cover or want to avoid your excess and no claim bonus impact. You claim against them directly or through their insurer.
Third party claims hinge on proving fault, so the evidence you gather at the scene is critical. They can be slower than claiming on your own comprehensive cover.
This guide explains when to use a third party claim, how to prove fault, and the practical hurdles.
What a third party claim is
Third party (or recovery) means you claim against the person responsible for the damage, not your own insurer. If they have insurance, you claim against their insurer. If they do not, you claim against them personally, which can be slow if they cannot or will not pay. It is different from third party insurance, which is the type of cover you buy.
When to claim third party
Consider a third party claim when:
- The other driver clearly caused the accident
- You only have third party cover yourself, so your own policy will not pay for your car
- You want to avoid paying your excess or losing your no claim bonus
If you have comprehensive cover, claiming on your own policy is usually faster, and your insurer can recover from the other driver and refund your excess.
Proving fault
The whole claim rests on showing the other driver was responsible. Strong evidence includes:
- Photos of the scene, damage and vehicle positions
- The SAPS case or AR number
- Witness names and statements
- A clear written account of what happened
- Dashcam footage if you have it
The more objective evidence you have, the harder the claim is to dispute.
How to lodge it
Get the other driver's full details and their insurer. Write to the at fault party or their insurer setting out what happened, the damage, and your costs, with quotes and evidence attached. Keep everything in writing. If they have insurance, their insurer assesses liability and may settle. If they dispute fault, expect negotiation.
When the other driver is uninsured
If the at fault driver has no insurance, you must claim against them personally. You can demand payment in writing and, if they refuse, pursue it through the Small Claims Court for smaller amounts or with an attorney for larger ones. Recovery is not guaranteed if they have no money, which is why comprehensive cover on your own car is often worth it.
Practical challenges
- The other driver delays, denies fault or ignores you
- They are uninsured or cannot pay
- Liability is genuinely shared
- It takes far longer than a comprehensive claim
Weigh the time and effort against simply claiming on your own cover where you have it.
Frequently asked questions
What is a third party claim?
It is a claim to recover your costs from the driver who caused the accident, or their insurer, rather than from your own policy. It is different from third party insurance, which is a type of cover you buy.
When should I claim against the other driver?
When they clearly caused the crash and either you have no comprehensive cover, or you want to avoid your excess and no claim bonus impact. With comprehensive cover, claiming on your own policy is usually faster.
How do I prove the other driver was at fault?
With scene and damage photos, the SAPS case number, witness statements, a clear written account and dashcam footage if available. Objective evidence is what makes the claim stick.
What if the other driver has no insurance?
You claim against them personally. You can demand payment in writing and, if they refuse, use the Small Claims Court for smaller amounts or an attorney for larger ones. Recovery is not guaranteed if they cannot pay.
Can my own insurer recover my excess from the other driver?
Yes. If you claim on your comprehensive cover and the other driver was at fault, your insurer can pursue them and refund your excess once recovery succeeds.
How long does a third party claim take?
Usually longer than a comprehensive claim, because it depends on proving fault and the other party or their insurer cooperating. It can take weeks to months if liability is disputed.
Is third party the same as third party insurance?
No. A third party claim is recovering from the at fault driver. Third party insurance is a cheaper type of cover that pays for damage you cause to others, not to your own car.
