A friend of mine who drives a motorcycle was recently involved in a nasty collision with a taxi and he sustained critical injuries, broke several bones. The taxi was empty and the driver did not sustain any injuries, however there was extensive damage to the taxi, the bike was a write-off. Long story short, the accident was probably a 50/50 responsibility for both drivers (as per the medical team who extricated him from the wreckage, as well as dashcam footage).
He survived the accident and has made a remarkable recovery. He is now out of hospital but has huge medical bills, loss of income, pain and suffering and will without a doubt face huge medical bills for the rest of his life, especially when older (he is currently 28 years old). Although he has recovered, he is confined to a wheelchair and will have many months of physio and other treatments before he can move his hands and possibly even walk again.
Now the problem: He was not in possession of a valid drivers' licence at the time of the accident. I know that this was irresponsible of him. At the same time, he is a friend. Would this factor alone make him ineligible to claim from the Road Accident Fund (i.e fully negligent as per section 25 of the RAF Act)?
He survived the accident and has made a remarkable recovery. He is now out of hospital but has huge medical bills, loss of income, pain and suffering and will without a doubt face huge medical bills for the rest of his life, especially when older (he is currently 28 years old). Although he has recovered, he is confined to a wheelchair and will have many months of physio and other treatments before he can move his hands and possibly even walk again.
Now the problem: He was not in possession of a valid drivers' licence at the time of the accident. I know that this was irresponsible of him. At the same time, he is a friend. Would this factor alone make him ineligible to claim from the Road Accident Fund (i.e fully negligent as per section 25 of the RAF Act)?