involved in a road accident without license but other party at fault
I was involved in a minor accident with my car but and I do not have a drivers license, however I was not at fault, the other party was at fault. Is he still liable for the damages on my vehicle even if i don’t have license?
Absolutely, drivers’ licence is not a requirement in a delictual claim. You do not have to have one to institute claim against the wrongdoer. For delictual liability, the elements necessary to be present are wrongfulness, fault in the form of ntention or negligence. And of cause causation and harm/loss. Thank you
Amended by author 26th October 2017, 11:13
Sequel to your previous question, I failed to insert that you will need accident report as part of annexures to institute your claim. If no report was taken at the accident scene, a report within 24hours must be made at the police station. Thank you