I was involved in an accident
i was involved in an accident where the person in front of me suddenly hit breaks causing a skid mark in the road, she was in a Corsa car and i was in Vito van my car being heavier collided with her. my question is her car was not licensed and had smooth tyres the accident happened almost three years ago and i was not insured at the time. if her car was not on the road the accident would not have happened i payed for my repairs and now her insurance is harrasing me for money for her repairs , although her insurance should never have payed for repairs if was unroadworthy and unlissensed .i was also never contacted by her insurance or her in all this time
Her insurer is entitled to claim from you in terms of the insurance principle of subrogation. If you strongly believe the accident would not have happened save for her poor tyre condition, the sudden application of brake, etc, then you can raise contributory negligence as a counterclaim. This means that you would be saying yes I know I hit her car from behind but she also contributed in the accident. The ultimate implication is that the damage will be apportioned.
Amended by author 20th November 2017, 11:27
The legal element required is negligence. The party who hit the car in the front is prima facie negligent. Not having a licence does not form part of delictual elements, however as I said earlier you can raise contributory negligence. Speak to your lawyer for detailed clarify.