Driving without a license and negligence
The South African Road Accident Fund sees its share of claims involving un-licenced drivers. Statistics show that many drivers on South African roads are not licenced. The problem is rampant in this country and is exacerbated by the dysfunction of licensing departments and inability of metro and traffic police to monitor all road users. It is often only after an accident or incident of reckless driving that police question a driver to ascertain whether they have the necessary licence to be driving on a South African road.
A further issue is the number of cars that are un-licenced, the number of cars that are not roadworthy, and the number of drivers who have no insurance. An associated problem is the number of drivers, licenced and un-licenced, that are driving under the influence of alcohol. Regardless of how well you drive, and how cautious you are, you can still be a victim on the road. If an accident does happen, and you are seriously injured, you may have a claim against the Road Accident Fund.
Learner drivers
People are often confused about rules for learner drivers, and especially whether the Road Accident Fund will pay if the learner causes a crash.
The Road Accident Fund is there to assist those injured in accidents involving motor vehicles on South African roads. If you are injured as a passenger, pedestrian, cyclist, or driver in an accident involving vehicles, you can claim from the RAF. If you are solely to blame for the accident, or you are the only person in the accident, you cannot claim from the Fund.
The Fund is very clear on when a claim can be made, and what can be claimed. The law is also very clear on the matter of learner drivers. You may not drive alone as a learner driver and you should have passed the written learner licence test before climbing behind a wheel. Learner drivers may drive on public roads (including freeways), provided they are accompanied by someone who holds a valid driver’s licence for the class of vehicle, and this person should sit next to them or directly in the seat behind them. It is advisable to have a letter “L” on the rear window cautioning others.
Note: A learner motorcycle driver may not carry a passenger (not even the driving instructor). You are therefore permitted to ride unaccompanied.
So what happens in the event of a crash?
The Road Accident Fund will pay compensation to those seriously injured in a vehicle accident, as long as they were not the sole cause of the accident. The matter of the type of license a driver holds, or whether they are insured or not, is not the focus of the Fund. The short answer is that the RAF will pay if a learner or unlicensed driver caused the accident.
The question as with any other driver will be whether the driver caused an accident due to negligent driving. Negligent driving will be determined by comparing the driving to that of a reasonable driver. If for example a person reacted to a sudden emergency or swerved out for an animal and caused an accident it is unlikely that their driving will be considered negligent. Similarly if you were injured while driving without a licence or as a passenger of an unlicensed driver, this should not discourage you from claiming. The RAF will firstly want to determine who was responsible for the accident. This will always depend on the specific situation and circumstances of the accident. Investigations by the traffic police or even a forensic investigator will be helpful in determining how an accident occurred.
How can you claim from the Fund?
If you or a loved one has been seriously injured in an accident the quality of your life will be compromised. To rebuild your life you will need funds to cover loss of income and expenses and make alterations and accommodations. A successful settlement from the South African Road Accident Fund will help you provide for your future. At Paul du Plessis Attorneys we have more than 25 years of litigation experience and we will advise what you can claim and how you should proceed. You can contact us for free telephonic consultation on 012 809 1588 or send us an email at paul@pauldup.co.za.