Accident by Learner driver

Question

My 17yr old daughter took my car and went to the petrol station the other night, she has only got learners licence and as it happens, the car infront of her stopped suddenly to turn right ( no brake lights) resulting in her hitting him directly on the rear bumper. He reported the case to the police on the 19th claiming that the accident had just taken place and that she hit the car on the right rear end.( blatent lie) He is now claiming R11 500.00 from me for scratches to his bumper as he said I was driving the car . I took photo's of his damage and also noticed that his car was previously involved in a side impact as the body putty is clearly visable and he admited to the fact. He is still driving the car with no brake lights. How can I prove that the damages he says I caused is not as a result of the accident between him and my daughter, and is there anything one can do about his break lights as this renders his car unroadworthy and he is a danger to other road users.

Answer

Firstly your daughter should be accompanied by a licensed driver. With regards to the false claims made by other driver I suggest that hand over all the photographic evidence to your attorney for advice. Also contact the local traffic department in your area to heave a look at roadworthy status of the vehicle.

It is difficult. Your daughter will have to report the matter to be able  to use the statements of the witnesses who saw the other driver’s vehicle was not roadworthy.

It may be the best to report it and get the statements on record and then refuse to pay his damage. If he wants to claim the money from you he would then need to go to court. You can request the witnesses to testify on your daughter’s behalf.

It is seldom that the SAPS will charge someone for not having a licence when the they do not charge them for negligent driving as well.