Taken out by a car, updated.

[Plentipotential]

Need some advice from someone who may have been down this route. Youngster (23) in moms car jumped the red light and collected me in the intersection. No drivers license no Id. Managed to get his phone no and car reg before he took off. Not willing to give me his mothers tel no now and avoiding my calls. Happened this pm will go to police in the morning. Would like to be compensated for the damages to my bike. Someone was watching over me as he hit the bike and not my leg otherwise that was broken for sure. Frame did some damage to the oposite side knee and the helmet worked a treat otherwise a few scrapes etc. ... Very lucky. Should I need legal help what would be my next step. In all of my 51 years I have never needed a lawyer so no experience myself just some horror stories 2nd hand and 1 sided on the legal profession

Edited October 23, 2012 by Plentipotential

[DJR]

No advice, sorry. Just glad you are OK and like your name.

[Bateleur1]

First thing is to report it to the police station.

 

You have the car registration number. The police will have to open the case. You could then lay charges via the police for reckless driving and then there might more for not having a licence. That might bring mommy and daddy to the negotiation table. If they are reasonable you might not need a lawer.

[GrumpyOldGuy]

To be honest, unless your damages are fairly substantial, more than say 15/ 20k going the legal route will just end up costing you money.

Unfortunately, often, when people feel wronged their first thought is "revenge" and they rush off to their nearest legal firm, but after they have calmed down for a few days they realize the legal route is costly, time consuming and there's still no guarantee of success. Most cases like this will never get to court, but even if it did it could take years and will never be worth it in the long run, so if you dont have insurance then my advice is to always try and negotiate first.

 

Just go about it in a methodical manner, with or without insurance, make your police report to cover yourself first, then if you are insured just claim, if not, make an appointment to meet the parents and state your case, I am sure you can come to some agreement, but if not there is the small claims court you could consider as well, but again, it takes some time and effort on your side, weigh up if its worth it,..........but rather just try and work it out amicably between you.

 

......then, if all else fails you could consider further legal action.

 

Good luck.

Edited May 25, 2012 by GrumpyOldGuy

[pezulu]

How can a youngster of 23 not have a drivers licence?

My son is turning 18 in a months time, and he has already booked the appointment for his licence more than a month ago.

 

Open an accident report at your local SAPS station.

In your statement mention that the kid had no licence and didn't want to give his name or other details.

They will trace the vehicle registration number. They might even give you the details if you ask nicely, and explain that you wish to get in touch with his parents.

 

If the parents don't want to play ball, there is the small claims court, where you can claim for damages to a max of R5000-00. (Might have been increased, it has been quite a while since I last checked on that one.)

[Header]

Hi there,

 

I'm a Stellenbosch student who's parents are both attorneys, the best thing to do would be to send a letter addressed to the owner of the vehicle on an official letterhead. Just to inform them that the case has been reported and what your damages are. Ask for them to acknowledge the situation and to suggest a way to solve the situation. They will then most likely sort the situation out and prevent it from being blown out of potential. If not, proceed further.

The fact that the driver never had a license will not mean anything, contrary to what everyone thinks, once the R500 fine is payed he gets treated like a licensed driver. Feel free to PM me and I can make a plan for a letter to be written. Vehicles owner can also be tracked my parents. It won't cost you much, if anything you can buy me a 29er... Haha, I WISH! I do need new riding shoes though!

[TNT1]

You reported it to the police, hand the case number to your insurance company, and get paid out for the damages. Seems simple to me.

[Fatsmoker]

If the parents don't want to play ball, there is the small claims court, where you can claim for damages to a max of R5000-00. (Might have been increased, it has been quite a while since I last checked on that one.)

 

+1 They do work.

[DJR]

+1 They do work.

Hi Fatsmoker, is that a Giant Kingfish eye in your avatar? (OP, sorry for hijack.)

[dommisse]

I would say most important is to have a witness - otherwise he will just deny it......

[Scooterza]

Hi Fatsmoker, is that a Giant Kingfish eye in your avatar? (OP, sorry for hijack.)

That was my guess - kingfish. I think the question should be , "is that a fsh's i?"!

Edited May 26, 2012 by Scooterza

[zuludog]

see an attorney that deals with road traffic claims - they usually do this an a contingency basis and will give you an interview if your case has merit they will deal with it from there.

[Kranky]

Report to the police, get them to go with the charges. The parents should come to you, if they have any interest in not having their kid charged. Assuming that jumping a red and causing damage to property while not having a license is an offence worthy more than just a fine.

 

If not, go to a lawyer but make sure your damages make sense compared to the lawyer fees. If not, you can find out if the Small Claims Court can help you (no lawyers involved).

Edited May 26, 2012 by Goobacks

[scotty]

see an attorney that deals with road traffic claims - they usually do this an a contingency basis and will give you an interview if your case has merit they will deal with it from there.

That's for the Road Accident Fund which deals with personal injuries not damage.

[Ysterperd]

Depending on amount of damages Two options - litigation is expensive, their insurance unlikely to pay as he did not have a license therefore try to negotiate with mommy & daddy. Second option lodge a claim in small claims court and do case yourself no lawyers allowed on either side

 

Good luck, glad you ok

[Fatsmoker]

Hi Fatsmoker, is that a Giant Kingfish eye in your avatar? (OP, sorry for hijack.)

 

Nope, white musselcracker.