Motorcycle accident, no drivers license

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You can still apply with the RAF even without a license. I do not know if it affects payout though but as some have stated, be prepared to wait. I know someone that had to wait years to get their payout.
 
Captain Underpants said:
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.
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The license is supposedly there for that.

Given how many drivers have sweet FA clue about the actual rules makes that idea laughable, and that applies to people I know who got their licenses entirely legitimately.

As for the OPs friend, him not having a license will play a role in what the RAF will payout if he can make a successful claim, but that will take years. He will have to contend with the taxi owner going after him in a civil suit first more than likely for damage to the taxi and all that, so prepare him for that. It won't be fun.
 
The learners he had is probs still valid till now due to lockdown extension if expired post March last year, but RAF has nothing to do with license except if it can help prove you broke a law/are fully to blame. Raf is just accident on road.

Your bike insurance will not pay out though (if he had any).
 
Best bet here Bud is actually chat to a lawyer that works with RAF claims - give somebody like Munro Flowers and Vermaak a call
 
My learners expires in May. I’ll be asking my insurance if it’s still valid considering the renewal issues... as I wanted to also go for my actual licence
 
johnjm said:
My learners expires in May. I’ll be asking my insurance if it’s still valid considering the renewal issues... as I wanted to also go for my actual licence
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you can’t renew your learners regardless. Is there an issue with taking the license?
 
Thank you for the responses guys.
For the record, the taxi driver and vehicle was licensed, and PDP, but how he got it is anyone's guess because he clearly cannot see very well, or couldn't be bothered to look, or was distracted. Although they do test eyes as part of the process, it doesn't mean that he used them at all. Agreed that the taxi driver could proceed with a civil claim for damages, he needs to be prepared for it as well.
Bike was not insured, there is no way that he could afford it.
I will be advising him that he needs to proceed with a RAF claim regardless, but not to bank on getting it paid, or to invest anything in the process other than the application itself. I am not a fan of using lawyers for this, to me they add doubtful value and take a huge percentage of the payout (if any). Those that work on a contingency basis take even more.
I hope that those that read this post and who drive without a license are encouraged to get legally on the road, and to maintain it, my friend is definately in a very bad position at the moment, both health-wise and financially, and the future does not look too bright for him.
 
Thorium said:
Thank you for the responses guys.
For the record, the taxi driver and vehicle was licensed, and PDP, but how he got it is anyone's guess because he clearly cannot see very well, or couldn't be bothered to look, or was distracted. Although they do test eyes as part of the process, it doesn't mean that he used them at all. Agreed that the taxi driver could proceed with a civil claim for damages, he needs to be prepared for it as well.
Bike was not insured, there is no way that he could afford it.
I will be advising him that he needs to proceed with a RAF claim regardless, but not to bank on getting it paid, or to invest anything in the process other than the application itself. I am not a fan of using lawyers for this, to me they add doubtful value and take a huge percentage of the payout (if any). Those that work on a contingency basis take even more.
I hope that those that read this post and who drive without a license are encouraged to get legally on the road, and to maintain it, my friend is definately in a very bad position at the moment, both health-wise and financially, and the future does not look too bright for him.
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So the taxi driver had everything he needed legally but he is the one in the wrong here, why are you letting your illegitimate friend go off so easy?
 
epah said:
So the taxi driver had everything he needed legally but he is the one in the wrong here, why are you letting your illegitimate friend go off so easy?
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Licensed taxi can still swap lines straight into your path. Just becuase he is legally on the road does not make him a safe driver. Logically, the taxi might have caused the accident, but legally the buddy is at fault.
Crappy situation, but there you are...
 
The easy solution would be to post the dashcam video so we can judge ourselves.
 
Big Rat said:
Licensed taxi can still swap lines straight into your path. Just becuase he is legally on the road does not make him a safe driver. Logically, the taxi might have caused the accident, but legally the buddy is at fault.
Crappy situation, but there you are...
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Yeah anyone can be at fault, however how do we even know the biker knows how to ride a bike since no one ever tested if he could hence no license. Its always so much easier to blame taxis. The biker is dangerous and should never be allowed to get a license for what he has caused.
 
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Big Rat said:
Licensed taxi can still swap lines straight into your path. Just becuase he is legally on the road does not make him a safe driver. Logically, the taxi might have caused the accident, but legally the buddy is at fault.
Crappy situation, but there you are...
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You must have it all on camera
 
epah said:
So the taxi driver had everything he needed legally but he is the one in the wrong here, why are you letting your illegitimate friend go off so easy?
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How am I doing that?
How am I letting my friend "go off" so easy?
Do you have a (legitimately obtained) drivers' license? If so, then I suggest that you redo your eye and comprehension test, you are clearly in danger of causing an accident and injuring / killing others due to your myopic and illegitimate viewpoint.
 
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RedViking said:
We all know having a license makes you drive better.
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It's obviously a good thing to have a (legitimately obtained) license,but no guarantee that the knowledge, skills and capabilities gained during the process were applied.
 
epah said:
Yeah anyone can be at fault, however how do we even know the biker knows how to ride a bike since no one ever tested if he could hence no license. Its always so much easier to blame taxis. The biker is dangerous and should never be allowed to get a license for what he has caused.
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You are the one who has made generalisations -- "blaming taxis". And now your are trying to suggest that I am also "blaming taxis" in a general manner.

Despite taxis being (in a generally accepted way of speaking) poor drivers, if you bother to read my posts properly and comprehend the content, you might, if you are of sober mind, conclude that I never ever stated that the taxi driver was at fault because of the fact that he was a taxi driver. You are jumping at conclusions and making false claims, you ought to be ashamed of yourself.

I did state that the taxi driver and my friend shared the blame for the accident 50/50. Very few accidents involving two motor vehicles are 100% the fault of only one driver, bumper bashing from the rear is one of them.

I also admonished my friend, not once, but a number of times for being unlicensed. I fully agreed that it was irresponsible, and that this should serve as a lesson to all those who are unlicensed to get legal.

So what more do you want me to do? Allow you to suck my blood? Force me to disown my friend?

Here is a top tip: You can get off your highly inflated egotistical and fantastical horse that you rode in on, and perhaps start reading what people actually write vs jumping to conclusions. And then further muddying the waters by casting aspersions on other unrelated issues.
 
Mistro said:
You must have it all on camera
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Nice to have, but unfortunately you can have all the footage in the world, all the licenses in the world, and adhere to all the rules to be 100% not to blame, it doesn't undo
  • a broken collar bone
  • 2x broken arms
  • broken and cracked ribs
  • crushed knee
  • broken femur
  • abdominal hematoma
and it doesn't put food and shelter on the table for his wife and baby boy.

Life is tough. One day it's a newspaper report, next day an unlicensed driver, and the very next day it could be you.
 
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