Gunner182
Expert Member
I see what you did there..
Damn I missed it!
Like I said I do feel guilty, but as suggested before I'll let my insurance company decide if the claim is valid or not.
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So i bumped into someone
- Thread starter Gunner182
- Start date
Damn I missed it!
Like I said I do feel guilty, but as suggested before I'll let my insurance company decide if the claim is valid or not.
An expired license is not enough to reject a claim.
The fact that his license is expired is not the same as driving without a license. If he renews his license, there is not legal reason his claim may be rejected. Ditto for expired license on motor vehicle.
If the vehicle is unregistered or he doesn't have a license, that is a whole different ball game.
Last but not least, it is often the case lately that I see people reversing without looking backward. My advice to those people: LEARN TO DRIVE!
I wasn't there so you need to decide if you fall into that category
The fact that his license is expired is not the same as driving without a license. If he renews his license, there is not legal reason his claim may be rejected. Ditto for expired license on motor vehicle.
If the vehicle is unregistered or he doesn't have a license, that is a whole different ball game.
Last but not least, it is often the case lately that I see people reversing without looking backward. My advice to those people: LEARN TO DRIVE!
I wasn't there so you need to decide if you fall into that category
There's no difference between an expired license and no license ito the law. But that doesn't matter as it's only needed to operate a vehicle and isn't a deciding factor in determining who's wrong.An expired license is not enough to reject a claim.
The fact that his license is expired is not the same as driving without a license. If he renews his license, there is not legal reason his claim may be rejected. Ditto for expired license on motor vehicle.
If the vehicle is unregistered or he doesn't have a license, that is a whole different ball game.
Last but not least, it is often the case lately that I see people reversing without looking backward. My advice to those people: LEARN TO DRIVE!
I wasn't there so you need to decide if you fall into that category
I don't know why people are mentioning taking chances. The OP was clearly in the wrong here and the biker has a legal right to be compensated. Just hope the insurance does that.
+1 for look when you reverse. The other day I was reversing out of a parking bay and looking mainly backwards and left towards oncoming traffic. Few seconds later I see a car reversing into me from the right in the opposite direction of traffic.
Your drivers license card is proof of a license. The proof of license can expire. It does not mean you do not have a license.
Other than the expiry date, it is practically impossible to tell the difference a proof of license and a new issue.
They contain the same details and they keep the same date of first issue.
Practically speaking I think the only way you'd legally have a foot to stand on is if the restrictions change in which case you'd need to prove that particular restriction had a role.
eg. claiming your car is unroadworthy due to worn down tires is not accepted by the insurance ombudsman as a valid reason unless it played a role in the accident. There is plenty of case law on this online and generally insurance companies try their luck in the hope that you take it lying down.
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I think a learners license is different. Once it's expired you may no longer drive as you will be unlicensed.
ChocolateBadger
Expert Member
+1
You can't "renew" a learners licence, once it's expired then you are seen as completely unlicensed until you can prove (rewriting your learners and then doing your proper licence) that you are capable to operate a vehicle unsupervised. I know bikers have more leeway in the learner license dept with engine size/age but same rules apply once expired.
Nope, bad advice. Not only is it not the correct thing to do but he was stationary so didn't even need a license to be there. Even if he was using it OP would still be the guilty party for not looking. License doesn't determine who's wrong.
Hemi300c
Honorary Master
Just report to your insurance and let them handle it.
Any calls to you get referred to your insurer.
If through a decent insurer you won't have a excess if you only claiming for third party.
He was unlicensed in a public access area and was therefore illegal.
He insisted on insurer let him suffer.
Any calls to you get referred to your insurer.
If through a decent insurer you won't have a excess if you only claiming for third party.
He was unlicensed in a public access area and was therefore illegal.
He insisted on insurer let him suffer.
Wrong. If you damage someone's property through your fault you are legally responsible. Just hope for the sake of the OP insurance covers it.
Arthur
Honorary Master
Why get hung up on legal responsibility? Much more important is moral responsibility. You damaged his bike through your negligence and you ought to make good his loss. It matters not how someone can wriggle out on a technicality.
Playing the law on a technicality is not always right. In some cases it might even be wrong. Half the problem in this country is that people observe the letter of the law but ignore the spirit. The bottom line is that your negligence injured him financially and simple justice demands that you restore him to the position he was in before you reversed into his bike. This is not hard to see.
If your insurance company refuses to cover his loss then you are still responsible morally and you should pay to get his bike fixed.
Do the right thing.
Playing the law on a technicality is not always right. In some cases it might even be wrong. Half the problem in this country is that people observe the letter of the law but ignore the spirit. The bottom line is that your negligence injured him financially and simple justice demands that you restore him to the position he was in before you reversed into his bike. This is not hard to see.
If your insurance company refuses to cover his loss then you are still responsible morally and you should pay to get his bike fixed.
Do the right thing.
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Gunner182
Expert Member
Like I said I feel guilty and would like to sort this out as quickly as possible.
Update though, biker guy called late last night and asked if we can sort this out between ourselves as he knows third party claims take forever. I'm actually glad he did, I was in the wrong and I know insurance companies will do whatever they can not to pay.
So I made some calls early this morning, and the parts don't even amount to a R1K yet. I'll call my insurance when something more drastic happens.
Update though, biker guy called late last night and asked if we can sort this out between ourselves as he knows third party claims take forever. I'm actually glad he did, I was in the wrong and I know insurance companies will do whatever they can not to pay.
So I made some calls early this morning, and the parts don't even amount to a R1K yet. I'll call my insurance when something more drastic happens.
Arthur
Honorary Master
Good man. I doff my hat to you. Thanks for doing the right thing, mate. You made the whole world better place today.
Good on you Gunner. That's how this country should work. It's because of people saying the guy should just f*off that the country is in such a mess. Can't even believe there are such people responding here. We need more people like you.
pinball wizard
Honorary Master
We could use those "+1" buttons on this forum for things like this. Well done OP.
It's not your fault. If he doesn't have a legal license then it's his fault. I would not pay a cent to this guy.
Not only are you a big Scrooge but that's not what the law says. Doesn't matter though, OP did the right thing both morally and legally.