With right of way, who's fault is the accident?

[Tpex]

My friend was recently in a collision with a car, he was on his motorbike.
The car tried to turn across his lane, and my friend didn't have time to stop hitting him pretty much head on

see my crude depiction

Now the car driver says it is my friends fault for hitting him, yet my friend had right of way?
Is this true? My friend doesn't have insurance, does this absolve him of paying for the damage to the car?

 

[supersunbird]

My friend was recently in a collision with a car, he was on his bike.
The car tried to turn across his lane, and my friend didn't have time to stop hitting him pretty much head on

see my crude depiction

Now the car driver says it is my friends fault for hitting him, yet my friend had right of way?
Is this true? My friend doesn't have insurance, does this absolve him of paying for the damage to the car?

Looking at the drawing its totally the car drivers fault... does the car driver have a reason he says its your friends fault? Like you friend didn't have his headlight/s on or something?

 

[supersunbird]

Also, has your friend learnt the value of insurance now (even just 3rd party)? It would have enabled him to say, "don't talk to me, talk to my insurer" and he would never have to speak to the driver again...

 

[ScottulusMaximus]

I think it may be a bicycle...

Cars fault

 

[Foxhound5366]

I'm sorry to hear that your friend doesn't have insurance ... third party insurance is the very minimum people should have, for exactly cases like this.

If the other driver DOES have insurance, their insurance will pay for their repairs. However, the insurance company will then claim those damages back from the other party - if not their insurance company, the driver directly I guess.

I don't think they care about fault, they just demand the money. If you want to defend against it, you'd probably have to go to court ... which isn't feasible for the average motorist.

If the other driver isn't insured and is just demanding money, I guess your mate is perfectly entitled to just ignore them, until THEY file something in court. Obviously at that point it'd be good to get professional assistance, and if the judgement is ruled in your friend's favour with costs, the other party will have to pay for everything.

Before venturing down that road, I'd consider getting legal advice anyway.

My guess is your friend's best hope is that the other party *is* insured, and that they realise that your friend did indeed have right of way and their client was therefore at fault ... they'll then right it off because the case wouldn't win in court.

 

[Tpex]

Looking at the drawing its totally the car drivers fault... does the car driver have a reason he says its your friends fault? Like you friend didn't have his headlight/s on or something?

To quote the driver said that my friend: "came flying down the road" highly unlikely according to my friend as the road was quote bad an he wouldn't be gunning it.

Also, has your friend learnt the value of insurance now (even just 3rd party)? It would have enabled him to say, "don't talk to me, talk to my insurer" and he would never have to speak to the driver again...

I haven't heard of that, will definitely pass it on.

I think it may be a bicycle...

Cars fault

Moterbike, still so?

I'm sorry to hear that your friend doesn't have insurance ... third party insurance is the very minimum people should have, for exactly cases like this.

If the other driver DOES have insurance, their insurance will pay for their repairs. However, the insurance company will then claim those damages back from the other party - if not their insurance company, the driver directly I guess.

I don't think they care about fault, they just demand the money. If you want to defend against it, you'd probably have to go to court ... which isn't feasible for the average motorist.

If the other driver isn't insured and is just demanding money, I guess your mate is perfectly entitled to just ignore them, until THEY file something in court. Obviously at that point it'd be good to get professional assistance, and if the judgement is ruled in your friend's favour with costs, the other party will have to pay for everything.

Before venturing down that road, I'd consider getting legal advice anyway.

My guess is your friend's best hope is that the other party *is* insured, and that they realise that your friend did indeed have right of way and their client was therefore at fault ... they'll then right it off because the case wouldn't win in court.

Thank you, it seems the other party doesn't have insurance either. he hasn't contacted him in the 5 days since the accident, and no police where involved as far as we know.

 

[Bursty-dude]

But now chatting to my friend about this now, a twist has come up, he was driving on an expired learners license, I'm assuming this puts him more in the wrong?

He is screwed. He has no legal foot to stand on if his learners has expired.
Tell your buddy he screwed himself, even though the car driver most likely pulled the usual "I did not see you" stunt in cases like this.

 

[Thor]

To quote the driver said that my friend: "came flying down the road" highly unlikely according to my friend as the road was quote bad an he wouldn't be gunning it.

I haven't heard of that, will definitely pass it on.

Moterbike, still so?

Thank you, it seems the other party doesn't have insurance either. he hasn't contacted him in the 5 days since the accident, and no police where involved as far as we know.

But now chatting to my friend about this now, a twist has come up, he was driving on an expired learners license, I'm assuming this puts him more in the wrong?

There we go. Your friend is in a bit of a pickle. Honestly I don't think he will win this one....

Does the driver know ?

 

[HideInLight]

If the bicycle was going straight, then it's the car's fault.
Before you turn you must do all the checks and only do so when it's save.

 

[DA-LION-619]

Wasn't there a video like this posted in one of the recent motorbike threads, the dude died on impact.

If your friend is still alive, I doubt he was flying on his motorbike.

 

[HideInLight]

There we go. Your friend is in a bit of a pickle. Honestly I don't think he will win this one....

Does the driver know ?

No one is getting a cent, they both forfeited anyone form of compensation.
Car driver didn't adhere to the road rules, and the bike rider didn't adhere to the law.

If they go to a small claims court, both will get in trouble.
They were suppose to open a case with SAPO asap after the accident.

No one was suppose to move their vehicle, did the car driver have his license because you were suppose to exchange those details...

 

[Fudzy]

What intersection was it on?

 

[SauRoNZA]

What the duck is wrong with people?

No insurance, while riding illegally as well.

Going to bet no medical aid either.

At the very least you should have third party just in case you are unlucky enough to smash into a Porsche or Lamborghini, in which case your life is over.

Also the fact that the driver saw him "flying down the road" completely obliterates his own actions being in the right, because if he we speeding towards him then why on earth turn in front of him? That makes no sense. Typical case of didn't see him at all.

 

[SauRoNZA]

Wasn't there a video like this posted in one of the recent motorbike threads, the dude died on impact.

If your friend is still alive, I doubt he was flying on his motorbike.

Circumstantially, alive does not equal speeding or not speeding.

You'll find one video where someone dies in a t-bone head on and then the next where they walk away with a few bruises.

All depends on the situation, angle and speed of impact and also gear worn.

*****

Insurance company would argue in this case that even though their client might have initiated a potential accident the motorcycle is somewhat responsible based on their actions or lack of actions that made it into a real accident.

It's never 100% one person's fault but always 90/10, 80/20 etc.

In this case no insurance so no worry either way.

 

[Arthur]

He is screwed. He has no legal foot to stand on if his learners has expired.

Not so. Not having a valid rider's licence doesn't affect your friend's legal standing in respect of an aquilian action (in delict). That is a separate matter of administrative justice. There are numerous court decisions on this aspect. The other party might try to argue some contributory negligence, but they'd have to prove that.

Lots of unanswered Qs: Was the motorcycle indicating that it was turning? Did it have its headlight on? What time of day was this? What were road conditions and visibility? Weather? Traffic? Witnesses? Was anyone injured? Was the accident reported to the police?

 

[Tpex]

Reading all these posts, thank you guys.

There we go. Your friend is in a bit of a pickle. Honestly I don't think he will win this one....

Does the driver know ?

I don't think so

Wasn't there a video like this posted in one of the recent motorbike threads, the dude died on impact.

If your friend is still alive, I doubt he was flying on his motorbike.

Did a somersault over the car's bonnet and landed about 2m away from the accident lucky it only seems some soft tissue damage in the one leg.

No one is getting a cent, they both forfeited anyone form of compensation.
Car driver didn't adhere to the road rules, and the bike rider didn't adhere to the law.

If they go to a small claims court, both will get in trouble.
They were suppose to open a case with SAPO asap after the accident.

No one was suppose to move their vehicle, did the car driver have his license because you were suppose to exchange those details...

They exchanged names, numberplate numbers and phone numbers.
What kind of trouble will that be? Fines?

What the duck is wrong with people?

No insurance, while riding illegally as well.

Going to bet no medical aid either.

At the very least you should have third party just in case you are unlucky enough to smash into a Porsche or Lamborghini, in which case your life is over.

Also the fact that the driver saw him "flying down the road" completely obliterates his own actions being in the right, because if he we speeding towards him then why on earth turn in front of him? That makes no sense. Typical case of didn't see him at all.

Pretty much a lot of student motorbike drivers in Durban hey, it's scary.

 

[SauRoNZA]

No fines. There simply won't be a case to claim against.

How do you sue someone for an accident that doesn't exist?

 

[Tpex]

Not so. Not having a valid rider's licence doesn't affect your friend's legal standing in respect of an aquilian action (in delict). That is a separate matter of administrative justice. There are numerous court decisions on this aspect. The other party might try to argue some contributory negligence, but they'd have to prove that.

Lots of unanswered Qs: Was the motorcycle indicating that it was turning? Did it have its headlight on? What time of day was this? What were road conditions and visibility? Weather? Traffic? Witnesses? Was anyone injured? Was the accident reported to the police?

Motorcycle was going straight.
Headlight was on
Around 17:00
Road was a bit worn, advisability was good (sun was still out)
Weather was dry
Traffic was mild
We do have one possible witnesses number.
The rider was injured, though he has been at home recovering, no doctors visits
My friend didn't report it, he doesn't know if the driver did.

 

[SauRoNZA]

My friend didn't report it, he doesn't know if the driver did.

Bit of a loskop this friend.

You always report it yourself as you have no idea what the other party puts in their statement and the one with a statement always has a leg to stand on over the one who doesn't.

Every accident I've been in the other party blatantly lied on their statement. Even once about the location of the accident and fortunately I took photos.

 

[Tpex]

No fines. There simply won't be a case to claim against.

How do you sue someone for an accident that doesn't exist?

Very good point