Necessasity of accident report to claim against other drivers employer?
Do I need an accident report to directly try and claim from other driver who rear-ended me?
I was not present when it entered accident register, but after a week I got AR reference number and name of other driver and his cell number.
I dont have insurance because my car was old and paid up.
I have photographic evidence that the other party was in the wrong.
Can I persue to get other drivers employer to assist in getting another car?
The employee is an extension of the employer. The principle of Vicarious liability of employer is rooted in South African law. It states that an employer will be vicariously liable for the negligent conduct of his/er employee if it is established that the employee acted in a negligent way while carrying on his/her employment. For delictual liability on the part employer, absence of accident report cannot stop you. All you must establish is the presence of the elements of conduct, wrongfulness, fault in the form of intention or negligence. And of cause causation and loss/harm. I have no doubt your lawyer will carefully unpack these to you, and assist appropriately. Thank you.
Amended by author 26th October 2017, 11:04
Sequel to your previous question, do note that should the matter ends up in court, the accident report will form part of the annexures. If no report was taken at the accident scene, you are required, within 24hours to make a report in lieu at the police station. Thank you