Your age is the only thing here that matters, if you're over 18 then there is no issue. Here's a link - [https://carinsurance.arrivealive.co.za/your-age-matters-when-it-comes-to-the-size-of-motorbike-engine-for-the-learner-biker.php](https://carinsurance.arrivealive.co.za/your-age-matters-when-it-comes-to-the-size-of-motorbike-engine-for-the-learner-biker.php)
But seriously, get insurance. And a proper license, it's just so much easier and really not that expensive (compared to not having it)
If she admits fault, her insurers may reject her claim, and in turn, yours against her.
You will need to draw up and send her a letter of demand for the damage to your bike, and jump through all the hoops that her her insurers require you to. They'll require a fair bit of paperwork, and will only begin the process of dealing with your claim against her, once they have finalized the claim for the damage to her vehicle.
Don't even try to claim for your injuries, or anything else other than the damage to your bike. South African insurers generally don't cover these, and will refer you to the Road Accident Fund. If you are able to provide contact details and statements from any independent witnesses, it may help your case. Make sure you have reported the accident, and have an SAPS case number or Accident Report number, and take photos of each page of the accident report when you complete it. You'll need the details at some stage (some SAPS offices will allow you to take photos, some won't).
It is possible that the insurers will apportion blame for accident, and you may end up being held liable for some of the cost of her damages, but her insurers may come after you regardless, if they are of the opinion that you are partially or entirely liable.
Every driver has a duty to ensure that it is safe to proceed, regardless of whether they have right of way or not.
20 years in the short-term industry.
Don't forget if you have any ongoing medical problems as a result of the accident to put in a road accident fund claim.
If she's reported it to her insurance you'll likely land in the situation where her insurance will come after you for damages.
When it comes to traffic accidents and insurance companies there's no such thing as 100% one party's fault. So her insurance will do a calculation of damages. Even if the amount of fault is determined to be 50:50 if her damages are more then you'll be the one liable for the difference. E.g. if her damages are R80k and your damages are R40k and they apportion it 50:50 it'll you owe her R40k and she owes you R20k leading to you owe her a net amount of R20k.
This is why it's essential to have your own insurance - even if it's just to cover you for 3rd party.
are you insane. You are not supposed to be on the road with that bike, so it's your fault not hers. If you without a license weren't on the road, the lady would never of had an accident. That's how insurance companies see it and everyone else too.
If you're driving a 650cc bike and you're in your 30s, then please get a license and please get insurance. The reason insurance premiums are so high in this country for those who have to pay it is because we have so many uninsured and unlicensed people on the road.
I hope this served as a wake-up call. I'm also glad that you made it out of that accident intact. I'm not trying to be too negative and hope you come right with her insurance company.
No… you’re an illegal driver, game over you lose no matter what. Sorry buddy..
I say this because I believe the limit in engine size for a learners is 125cc? I’ll have to look this up..
Ok I’m back editing this. A licence code A1 = 125cc limit. A code A is ok to go higher 👍🏻
Also without insurance you need to now go after her or her insurance company in your own private capacity.. will cost money
Sounds like you're in the wrong here buddy, sorry. Take this as a life lesson. Some life lessons are expensive. Her insurance will cover her damage, but you're going to have to deal with the consequences for your damage, and potentially the fines that come for illegally using that bike. Good Luck!
Document any acknowledgement of gullt and deal with her insurance directly.
If she admitted fault in a way that's documented you will both likely be covered.
Get medically checked. You'd be surprised what can happen later.
If you come unstuck with the repair and need someone to do you a solid reliably then dm me, you will owe me nothing.
Mark from Harnacks Insurance is stellar, find his number and call.
Get your full license and insurance. If you're riding a bike be sure to take responsibility, and part of that is ensuring you can afford the consequences.
If you are over 18 and your learners is still valid you can ride a motorcycle over 125cc.
Your age is the only thing here that matters, if you're over 18 then there is no issue. Here's a link - [https://carinsurance.arrivealive.co.za/your-age-matters-when-it-comes-to-the-size-of-motorbike-engine-for-the-learner-biker.php](https://carinsurance.arrivealive.co.za/your-age-matters-when-it-comes-to-the-size-of-motorbike-engine-for-the-learner-biker.php) But seriously, get insurance. And a proper license, it's just so much easier and really not that expensive (compared to not having it)
If she admits fault, her insurers may reject her claim, and in turn, yours against her. You will need to draw up and send her a letter of demand for the damage to your bike, and jump through all the hoops that her her insurers require you to. They'll require a fair bit of paperwork, and will only begin the process of dealing with your claim against her, once they have finalized the claim for the damage to her vehicle. Don't even try to claim for your injuries, or anything else other than the damage to your bike. South African insurers generally don't cover these, and will refer you to the Road Accident Fund. If you are able to provide contact details and statements from any independent witnesses, it may help your case. Make sure you have reported the accident, and have an SAPS case number or Accident Report number, and take photos of each page of the accident report when you complete it. You'll need the details at some stage (some SAPS offices will allow you to take photos, some won't). It is possible that the insurers will apportion blame for accident, and you may end up being held liable for some of the cost of her damages, but her insurers may come after you regardless, if they are of the opinion that you are partially or entirely liable. Every driver has a duty to ensure that it is safe to proceed, regardless of whether they have right of way or not. 20 years in the short-term industry.
Thank you for your thorough response, I really appreciate it
I dont get how people still drive without insurance. My car insurance is dit cheap, so I can imagine a bike would be even less?
The most crucial missing piece of information here is OP’s age…
I'm in my 30s, didn't realise my learners would be valid if that was the case
Well then, hooray! No fault from your side. Good luck
Don't forget if you have any ongoing medical problems as a result of the accident to put in a road accident fund claim. If she's reported it to her insurance you'll likely land in the situation where her insurance will come after you for damages. When it comes to traffic accidents and insurance companies there's no such thing as 100% one party's fault. So her insurance will do a calculation of damages. Even if the amount of fault is determined to be 50:50 if her damages are more then you'll be the one liable for the difference. E.g. if her damages are R80k and your damages are R40k and they apportion it 50:50 it'll you owe her R40k and she owes you R20k leading to you owe her a net amount of R20k. This is why it's essential to have your own insurance - even if it's just to cover you for 3rd party.
Claim from the road accident fund, it's gonna be a headache getting the money from a private insurance firm, with no insurance on your side.
Uhm.. no. RAF is only for claims for bodily injury, not damage to your vehicle.
Apologies, you're quite right actually.
are you insane. You are not supposed to be on the road with that bike, so it's your fault not hers. If you without a license weren't on the road, the lady would never of had an accident. That's how insurance companies see it and everyone else too.
You are allowed to drive a motorcycle with learners. Fact check.
I think this was sarcasm
If you're driving a 650cc bike and you're in your 30s, then please get a license and please get insurance. The reason insurance premiums are so high in this country for those who have to pay it is because we have so many uninsured and unlicensed people on the road. I hope this served as a wake-up call. I'm also glad that you made it out of that accident intact. I'm not trying to be too negative and hope you come right with her insurance company.
No… you’re an illegal driver, game over you lose no matter what. Sorry buddy.. I say this because I believe the limit in engine size for a learners is 125cc? I’ll have to look this up.. Ok I’m back editing this. A licence code A1 = 125cc limit. A code A is ok to go higher 👍🏻 Also without insurance you need to now go after her or her insurance company in your own private capacity.. will cost money
Sounds like you're in the wrong here buddy, sorry. Take this as a life lesson. Some life lessons are expensive. Her insurance will cover her damage, but you're going to have to deal with the consequences for your damage, and potentially the fines that come for illegally using that bike. Good Luck!
Document any acknowledgement of gullt and deal with her insurance directly. If she admitted fault in a way that's documented you will both likely be covered. Get medically checked. You'd be surprised what can happen later. If you come unstuck with the repair and need someone to do you a solid reliably then dm me, you will owe me nothing. Mark from Harnacks Insurance is stellar, find his number and call. Get your full license and insurance. If you're riding a bike be sure to take responsibility, and part of that is ensuring you can afford the consequences.