What happens when a driver is not insured, not licensed and is not at fault?

AdrianH

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Interesting...
But then, I don't see the friend coming out of this.
No, the insurance company of other driver(s) will likely use the fact driver is unlicensed as a contributing cause as accident, along with the fact they crossed into oncoming traffic. So they will likely first nicely send them a bill, otherwise they will sue.

I will ask wife if they are obligated to report to authorities the driver is unlicensed.
 
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ben M

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I started keeping a license in my sun visor because I keep forgetting my wallet at home. :eek:
Also used to forget my wallet at home. Now it's the first thing I check before I leave the house
 

bwana

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That's a good idea actually, but because my wife sometimes switches cars when she has too little fuel in hers she ended up driving to work with my licence in the car. So now I just keep it in my wallet, which is always on me anyway since I also drive company vehicles during the day.
It's a spare - I also keep one in my wallet just in case I take another car.
 

rietrot

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Unlicensed automatically makes it his fault.

Uninsured isn't a problem, as to who's fault it is. It just means the he will now be personally liable to pay the damages that he caused.
 

AdrianH

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Unlicensed automatically makes it his fault.

Uninsured isn't a problem, as to who's fault it is. It just means the he will now be personally liable to pay the damages that he caused.
You are wrong, go read my post.
 

rietrot

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No, the insurance company of other driver(s) will likely use the fact driver is unlicensed as a contributing cause as accident, along with the fact they crossed into oncoming traffic. So they will likely first nicely send them a bill, otherwise they will sue.

I will ask wife if they are obligated to report to authorities the driver is unlicensed.
Yes and even if he didn't cause the accident they would still try and recover as much cost as possible. Not having a licence means he is going to pay, if the courts do their job.

You are obliged to report all accidents to the authorities, not that they will do anything, but you need the case number for insurance.
You are wrong, go read my post.
 
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AdrianH

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@rietrot

I meant this post

To everyone saying the unlicensed driver is at fault or be blamed for accident because they don't have license, you are wrong.

PS: Wife is attorney working in insurance industry doing forensics and specialised claims.
Yes and even if he didn't cause the accident they would still try and recover as much cost as possible. Not having a licence means he is going to pay, if the courts do there job.
Wife has just responded saying that the license doesn't come into play when processing claims from/against a 3rd party in most cases when this happens.

For example, an unlicensed and uninsured driver is stationary at red traffic light. A licensed and insured driver doesn't stop in time and rear ends the unlicensed driver. The licensed driver at fault and the unlicensed can put a claim in against the licensed driver, and ultimately the licensed driver's insurance company. The insurance company can't use the reason "the driver was unlicensed" as not to pay out as the fact the unlicensed driver was licensed or not has no bearing on the accident . Of course, as with most things, there are exceptions to this.

As for driving without license and being involved in accident, it is a criminal offense to drive without license, and authorities deal if they are on the scene, or from the accident report. It will be an even bigger issue for unlicensed driver if they not report accident as then they have broken another law. If they actually do anything after the fact about the unlicensed driver is anybody's guess. Maybe the coke and chips were enough when the arrived at scene ;)

You are obliged to report all accidents to the authorities, not that they will do anything, but you need the case number for insurance.
I meant the insurance company of the insured driver. Wife says they (insurance company) don't have legal obligation to report unlicensed drivers to authorities if they are involved in accident/claim with their client.

Ultimately, driving without a license does not automatically make an accident the fault of the unlicensed driver just because they do not have license.
 
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joshuatree

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This will end up as one of those situations were you think you are caught up in a very bad dream.
 

Genisys

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Spoke to bystanders (cause all three drivers are innocent based on their stories) and oncoming car was speeding
So the bystanders had accurate, legal speed measurement tools on hand? I'm impressed.
 

supersunbird

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So the bystanders had accurate, legal speed measurement tools on hand? I'm impressed.

Well, if 3 witnesses travelled in the same direction as the supposed speeding car and 2 of them say they were going 60, one says he was going 70, and they all say the car flew past them as if they were standing still, their eyewitness accounts will carry decent weight that the person was indeed speeding, exactly how much wouldn't be known however.
 
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SauRoNZA

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How can it be the guy going straight’s fault? He likely has right if way.

Speeding is also purely based on conjecture and not facts.

Cars can easily be written off at 60km/h. Especially in a head on situation.
 

SauRoNZA

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I know people who don't have insurance, not even 3rd party. Some of them with expensive cars as well, apparently the saving is worth it. Until they've had an accident. In all my life of driving when I was a student I had third party, after that comprehensive. 3rd party is cheap like R100 or something a month.
Same way people don’t have even bare minimum household contents insurance.

Often it’s because they think it’s expensive without actually knowing what it costs.

And without any clue what it costs when things go wrong.
 

SauRoNZA

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You are wrong, go read my post.
I think while it’s not a black and white case for making it 100% the unlicensed driver’s fault, the probability is quite high it will contribute.

What a lot of people don’t know is that there is almost never a case where any single driver is 100% accountable. It’s always rather an argument for who is more or less responsible whether 90/10 or 80/20 or on this case 33/33/33 and then insurance company apportions who owes who accordingly.
 

Lupus

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Same way people don’t have even bare minimum household contents insurance.

Often it’s because they think it’s expensive without actually knowing what it costs.

And without any clue what it costs when things go wrong.
Yeah know those people as well. Won't pay the R300 pm for household insurance cause they don't need it. Yet they've got R20k TV, 20k PC, various expensive furniture. Until they're robbed and that's all taken.
Apparently they could buy their stuff back because of the savings, yet it'll take 60 months just to save for the TV. Some people sigh.
 

MEIOT

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scolded friend for driving unlicensed and uninsured cause this is a stupid thing to be doing. Like why will you risk this everyday, annnyway.
Well - at least you scolded him - I'm sure that made all the difference in the world. I bet he certainly learnt his lesson from that scolding
 
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