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

[Tpex]

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.

He was worried about the implications of not having a license

Doesn't it have to be done within 24 hours?

 

[Arthur]

The fact that the rider's learner licence had expired is not itself relevant. That is a matter between him and the police, not between him and the other party.

Get him to speak to a lawyer.

 

[SauRoNZA]

He was worried about the implications of not having a license

Doesn't it have to be done within 24 hours?

I think it's 24 hours if someone was injured and longer otherwise but I'm not sure.

I've always done it within 24.

 

[F1 Fan]

Where about did this happen?

 

[Splinter]

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?

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.

I think you and your "friend" are one and the same?

Anyway, not sure what all this drama is about. By your "friends" admission, no-one has insurance and no-one is reporting anything.

 

[Splinter]

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?

LOL. So keen to show book knowledge

 

[Splinter]

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

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

How so? According to OP, they exchanged all pertinent details? And it is now recorded here as well?

 

[Splinter]

I think it's 24 hours if someone was injured and longer otherwise but I'm not sure.

I've always done it within 24.

I thought you said you have never been in an accident?

 

[SauRoNZA]

How so? According to OP, they exchanged all pertinent details? And it is now recorded here as well?

Because without a police case number the accident pretty much doesn't exist.

I'm sure you could still try to fight it, but won't get very far. In the case of insurance you wouldn't have gotten anywhere at all as their terms and conditions require you to make a case to submit a claim.

 

[Arthur]

LOL. So keen to show book knowledge

The kids are back on the computer, I see. Adding your usual value: Zero, with bile.

 

[SauRoNZA]

I thought you said you have never been in an accident?

Where on earth did you get that idea?

I have been in plenty and my vehicles in more than I have been when someone else was driving them or when they were standing dead still by themselves.

Just last week the road accident fund assessor came to visit me for an accident I was involved in by virtue of the fact that I narrowly (by mere centimetres) avoided contact with the two other cars but was first on the scene and pretty much the only actual witness.

 

[Splinter]

Because without a police case number the accident pretty much doesn't exist.

I'm sure you could still try to fight it, but won't get very far. In the case of insurance you wouldn't have gotten anywhere at all as their terms and conditions require you to make a case to submit a claim.

And as I said, nobody seems to have claimed anything...

The kids are back on the computer, I see. Adding your usual value: Zero, with bile.

But yet you added nothing other than "ad volereum ad greekum ad un dustium bookums".

 

[Splinter]

Because without a police case number the accident pretty much doesn't exist.

I'm sure you could still try to fight it, but won't get very far. In the case of insurance you wouldn't have gotten anywhere at all as their terms and conditions require you to make a case to submit a claim.

Where on earth did you get that idea?

I have been in plenty and my vehicles in more than I have been when someone else was driving them or when they were standing dead still by themselves.

Just last week the road accident fund assessor came to visit me for an accident I was involved in by virtue of the fact that I narrowly (by mere centimetres) avoided contact with the two other cars but was first on the scene and pretty much the only actual witness.

Plenty? I recall you saying two on that "other" website we both frequent. But I will inspect and see if I am wrong.

 

[Splinter]

The kids are back on the computer, I see. Adding your usual value: Zero, with bile.

Oi - on another note - I will pm you and hopefully we can have an honest chat.

 

[maumau]

Arthur added value by pointing out the fact that although OP's friend's licence had expired it has no bearing on his legal standing.

 

[Thor]

Plenty? I recall you saying two on that "other" website we both frequent. But I will inspect and see if I am wrong.

Wait what website is this? Don't speed past this like you did not just say what you just said.

What does "other" entail ?

 

[SauRoNZA]

Plenty? I recall you saying two on that "other" website we both frequent. But I will inspect and see if I am wrong.

First it was none and now it's two?

I might have specifically been referring to cars or bikes and I might have been referring to cases where I had to claim as those are the only ones I call accidents, but even then two is not enough.

Or I might have been referring to cases where I did or didn't get my excess back. Without the context I can't really comment.

Wait what website is this? Don't speed past this like you did not just say what you just said.

What does "other" entail ?

He refers to SAgamer, which is an affiliate of this website. Why he is so secretive about it I don't know, probably worried it might affect the credibility of his "new" user over here, but his posting style gives that game right away.

 

[Thor]

Phew:sly: thought it was some underground gay portal like dewani style

 

[SauRoNZA]

Phew:sly: thought it was some underground gay portal like dewani style

I take a fence at that.

 

[Thor]

I take a fence at that.

Hence why I was so confused