Motorcycle accident, no drivers license

[KleinBoontjie]

Taxi probably wasn't licensed either.

Good probability of that. Then both is 100% to blame

 

[The Darkness]

I’ve often seen people buy bikes over the years and just ride them without a licence. 28 years old is too old to be so irresponsible though. Had he injured the other driver or killed a family or breadwinner this would be serious. Your friend is now a burden to his family too, and this level of irresponsibility is really sad to see.
If you choose to ride a motorcycle you need to have really good insurance, medical aid and disability insurance. If you have children to raise, you should reconsider your selfish need to ride until they can support themselves. And certainly, on SA roads one needs to be really careful riding.

 

[Steamy Tom]

Actually false. Not having a license means that insurance won't pay out, but liability still remains the same and the vehicle in the wrong is still responsible. In a situation like the OP mentioned where fault is 50/50 it's going to be extremely difficult and will probably result in a civil case to recover costs to repair the taxi while the OPs friend will have little option to recover costs for his bike. Driving without a license doesn't mean that all the blame falls on the unlicensed driver unless he was driving recklessly which still would need to be proven.

no drivers license means he shouldnt have been operating the vehicle on a public road = he is at fault

 

[Radioboy]

I don't want to sound insensitive, but, the RAF (bankrupt as it is) really shouldnd be compensating people that shouldnd have been on the road in the first place.

 

[Herr der Verboten]

If he did not have a licence - he is 100% responsible for the accident. He had no legal right to be on the road. Sucks for him, but play stupid games...

Depends on the situation, context and what actually happened; as any rational person would tell you.

 

[karnuffel]

Dont bargain on the RAF, they are broke. It is a long process and you need funds to cover expenses involved with this process. None of the doctors will give a report for the RAF for free.

 

[WorldWarIII]

This happens fairly often. Good people often flaunt the law purely because the law is a joke in sa and you can basically do whatever you want anyway. When the administration is so sh#t we cant be surprised when people do not follow the rules.

But to point. As per people I know of in the past... I know of one guy that paid 6k and had a license issued to him and backdated and he got off free and clear. I know another guy that killed a pedestrian. Paid 20k and got a new ID with a backdated birth certificate. (he had no assets or anything) . ALso walked away clean.

The system is BROKEN. use it. Just an opinion before all the bible thumpers have a hissy.

Life goes on.

 

[Thorium]

I don't want to sound insensitive, but, the RAF (bankrupt as it is) really shouldnd be compensating people that shouldnd have been on the road in the first place.

Fair comment, but if we are going to go down that route then perhaps the RAF should pay back the premiums he has been paying for in his fuel?

 

[SHL]

That's what I am hoping for, but the Act isn't clear on this and I cannot find any history of similar cases. He is a nice guy though, apart from this silliness.

Nice guys finish last.

 

[RedViking]

Well all he can do is try claiming from RAF. It takes months though, if not years. The RAF is bankrupt though.

 

[RedViking]

This happens fairly often. Good people often flaunt the law purely because the law is a joke in sa and you can basically do whatever you want anyway. When the administration is so sh#t we cant be surprised when people do not follow the rules.

But to point. As per people I know of in the past... I know of one guy that paid 6k and had a license issued to him and backdated and he got off free and clear. I know another guy that killed a pedestrian. Paid 20k and got a new ID with a backdated birth certificate. (he had no assets or anything) . ALso walked away clean.

The system is BROKEN. use it. Just an opinion before all the bible thumpers have a hissy.

Life goes on.

This user would not have a purpose without a broken system.

 

[Pandarye]

The morality police in this thread need to cool their jets. I agree, choosing to ride a motor cycle as your primary means of transport in this country is basically a death wish and not having all your affairs in order before doing so is extremely foolish.

Whether or not your friend is licensed does not matter unless he is defending a criminal charge for driving without a valid license. Not being licensed does not automatically mean that you operated a vehicle recklessly/negligently. As far as the RAF is concerned it only needs to be satisfied that there was some proportion of negligence that can be attributed to the driver of the taxi in causing the collision.

The RAF has always been "bankrupt" but they continue to pay millions of Rands in compensation to claimants every month. Assuming he is able to prove his claim, your friend should expect to wait a good few years for his turn to get paid. If he has made a miraculous recovery as you say then there is no harm in lodging a claim himself to try recover at least some of his medical expenses and loss of earnings. If his injuries are more serious and causing long term problems I would suggest he see an attorney that specializes in RAF claims.

 

[WorldWarIII]

The morality police in this thread need to cool their jets. I agree, choosing to ride a motor cycle as your primary means of transport in this country is basically a death wish and not having all your affairs in order before doing so is extremely foolish.

Whether or not your friend is licensed does not matter unless he is defending a criminal charge for driving without a valid license. Not being licensed does not automatically mean that you operated a vehicle recklessly/negligently. As far as the RAF is concerned it only needs to be satisfied that there was some proportion of negligence that can be attributed to the driver of the taxi in causing the collision.

The RAF has always been "bankrupt" but they continue to pays millions of Rands in compensation to claimants every month. Assuming he is able to prove his claim, your friend should expect to wait a good few years for his turn to get paid. If he has made a miraculous recovery as you say then there is no harm in lodging a claim himself to try recover at least some of his medical expenses and loss of earnings. If his injuries are more serious and causing long term problems I would suggest he see an attorney that specializes in RAF claims.

agree with this. If a pedestrian is hit on a highway and they survive they can still claim even though they were illegally walking on a highway. same same.

 

[Big Rat]

No license will play a factor. Hid percentage payout will be affected no doubt.
Also, sound like speed may have had a factor here, based on the extensive damage you state. That will also affect the percentage.
Should be prepared to get peanuts, if they pay out at all.

 

[Radioboy]

Fair comment, but if we are going to go down that route then perhaps the RAF should pay back the premiums he has been paying for in his fuel?

Without a licence he had no business buying fuel for a vehicle to be used by him on a public road.

 

[The Darkness]

agree with this. If a pedestrian is hit on a highway and they survive they can still claim even though they were illegally walking on a highway. same same.

Yup, fair point and precedent here.

 

[grok]

All the people who said it serves him right for driving without a license, does this hold for people with fraudulently bought drivers licenses as well?

Reason is I spoke to someone over the weekend who was considering buying his license, he got in contact with someone that for a few thou & a 2 weeks wait will organize a legit (traffic dept issued) code 10..

I've never had a bike license & don't have a bike right now but I'm even considering buying a bike license like this, who needs the aggravation of dealing with licensing dept chumps when you can side-slip one for a few Randellas?

Best thing is I'll be 100% legit and can claim for accidents like the rest..

 

[Big Rat]

All the people who said it serves him right for driving without a license, does this hold for people with fraudulently bought drivers licenses as well?

Reason is I spoke to someone over the weekend who was considering buying his license, he got in contact with someone that for a few thou & a 2 weeks wait will organize a legit (traffic dept issued) code 10..

I've never had a bike license & don't have a bike right now but I'm even considering buying a bike license like this, who needs the aggravation of dealing with licensing dept chumps when you can side-slip one for a few Randellas?

Best thing is I'll be 100% legit and can claim for accidents like the rest..

Legally, if done correct, then you are homefree.
Morally, hell no,

 

[Craig_]

All the people who said it serves him right for driving without a license, does this hold for people with fraudulently bought drivers licenses as well?

Reason is I spoke to someone over the weekend who was considering buying his license, he got in contact with someone that for a few thou & a 2 weeks wait will organize a legit (traffic dept issued) code 10..

I've never had a bike license & don't have a bike right now but I'm even considering buying a bike license like this, who needs the aggravation of dealing with licensing dept chumps when you can side-slip one for a few Randellas?

Best thing is I'll be 100% legit and can claim for accidents like the rest..

Doubly so for those that buy licenses. Those should actually be taken out back and shot in the face. They have no business operating a vehicle, it's already ridiculously easy to get a license, if you can't even pass that simple test you should rather walk.

 

[The Darkness]

Exactly. The licence is there to make sure people know the rules, conventions and safety protocols on the roads. Buying one without passing is even worse actually. You'd be committing a crime, aiding criminals, and should it come to light after an accident (which it WILL), good luck.