The hard and unfortunate truth of driving in South Africa is that the vehicle next to you might not be insured. It is estimated that only 35% of vehicles in South Africa are insured! It is at present not a legal requirement that all motor vehicles must be insured. This amounts to a serious threat for the cautious and insured driver involved in an accident with an uninsured driver.
In terms of the existing legal framework, if a driver has been found by a court of law to have caused the accident, the driver or owner who has suffered damages has a right to sue the wrongdoer for damages. Many of these wrongdoers have no security and are incapable of paying for the costs incurred by the innocent party!
Government comment on the need for compulsory car insurance
Road Safety legislation might however change the status quo.