People are often confused about rules for learner drivers, and especially whether the South African Road Accident Fund will pay if the learner causes a crash.

The South African 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 Fund.  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.  As a learner you must be accompanied by a licenced driver, and this person should sit next to you or directly behind you.  You may carry passengers in your car when you drive.  It is advisable that you have a letter “L” on the rear window cautioning others that you are learning.

So what happens in the event of a crash?

The South African 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 caused the accident.  A better question may be, is a claim with the Road Accident Fund the best way to proceed?  This answer is best answered by professionals and specialists dealing with these matters.

Who can advise?

For a question of this nature, contact Paul du Plessis Attorneys.  Our firm specialises in personal injury, medical negligence and Road Accident Fund claims.  We will give you the best advice.  In this information age most people take to the Internet to have their medical and legal questions answered. This does not take into account their particular circumstances or consider nuances of the law.  Rather call us at Paul du Plessis Attorneys today and get a definitive answer of whether you should claim from the South African Road Accident Fund.

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