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-   -   Car Crash Yesterday 8th sept - Need Urgent Advice (https://britishexpats.com/forum/africa-84/car-crash-yesterday-8th-sept-need-urgent-advice-479729/)

Daxk Sep 10th 2007 10:17 am

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
It depends on what the fine print says.
a "Valid driving licence" or a "valid SA driving licence"
Is the person a SA Citizen or not?
It's a moot point but it can be argued that as the UK Drivers licence is recognised and the person using it is there for a limited time , it qualifies.
It needs an honest local legal eagle to look at it and advise ,my personal gut feeling is that the court case will cost more for a 50/50 chance.

Pablo Sep 10th 2007 10:25 am

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
Yes, Daxk, I agree. If, for example, you are a SA citizen or holder of a Permanent Residence permit who has left SA and now living in, say, the UK, then if you go to SA for a visit, and do not have a SA driving licence, you can hire a car (for example) on your UK licence or on an International Driving Permit and drive legally in SA for the duration of your stay.

If you resume residence in SA, you cannot drive permanently on a foreign licence. There will be a time limit of some sort stated in the legislation.

Tegwyn Sep 10th 2007 2:46 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 

Originally Posted by Pablo (Post 5293653)
Yes, Daxk, I agree. If, for example, you are a SA citizen or holder of a Permanent Residence permit who has left SA and now living in, say, the UK, then if you go to SA for a visit, and do not have a SA driving licence, you can hire a car (for example) on your UK licence or on an International Driving Permit and drive legally in SA for the duration of your stay.

If you resume residence in SA, you cannot drive permanently on a foreign licence. There will be a time limit of some sort stated in the legislation.

I agree Pablo. I was under the impression you were given about 6 - 8 weeks to apply for your SA license. It used to be 3 months. Anyone that believes what the police dept in SA say are nuts. Try challenging that in court?!?! They would deny it in a heartbeat. :eek:

2moon2 Sep 10th 2007 3:34 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 

Originally Posted by Redlippie (Post 5290005)
Try now 2Moon, seeing you have 3 posts :)

Sorry redlippie, but didn't get what you meant by your message..??

Mitzyboy Sep 10th 2007 4:11 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 

Originally Posted by 2moon2 (Post 5294692)
Sorry redlippie, but didn't get what you meant by your message..??

You can pm people AFTER you have made 3 posts. Its to stop spammers coming on here and pming hundreds of people

2moon2 Sep 10th 2007 4:13 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
Hi Everyone.

Having spent most of today trying to get the right info, I thought that i should share the outcome.

It is required to have a SA driving licence which can be used to drive in the UK temporarily.

I rang the DVLA in the UK, and they said that once you are no longer living in the UK, they will not issue you with a UK licence - although you can get a temp one when you arrive in the UK. Which to me sounds like a major pain if you are going over for a two week holiday - so how long would it take to get the temp one.??

I also spoke to the British High Commision in Cape Town, and they confirmed having to have a SA licence.

So my remaining question now is whether or not an insurance company / broker must have proof of your driving licence before they can insure you.

My broker says that they don't because they take it on "good faith and assume that you have the correct documentation" So my argument is that my Insurance company should take it on "good faith" that my claim is legit and I will duly get a SA driving licence,m thereby they should give me a hire car in so called "good faith", which under my fully comprehensive insurance, I am entitled to.

My ins.co. now stipulate that i must obtain a letter of confirmation that my Uk licence is valid (because they say that this country is full of fraud ones....yeah, go figure)

Then, I must go to a traffic department, with the "said letter", apply for a SA licence, which will of course take any number of weeks. I will be given a piece of paper with confrimation that I have applied, and then i must submit all this stuff to my insurance co. Then, the ins. co. MAY consider authorising the repairs, and unlikely to grant me car hire.

They say that car hire requires a SA licence which is bollocks because I have hired on my UK licence. I even bought my car, opened a bank account etc using my UK licence.

Does anyone have info on the legalities of what documents and identification requirments like driving licence an Insurance Company must legally obtain to issue the insurance???

Yes I know I'm ranting, but I have reached my limit with all of this. The brokeres and insurance co. all seem to be uncertain of the absolute legalities and it keeps going from dept to dept.

I need a SA Licence fast, by any means.. yeah, I know, not emtirely legal, but what the hell. Even the person I spoke to at the British Commision said that she knows of plenty of people who have aquired (bought) SA Licences.


How is it that insurance companies are allowed to **** us around so much in attempts to not pay out. There should be some law or something to protect us. I have been paying my monthly insurance for all this time, so they can take my money, and then refuse to pay out.

Ok, ranting over!
Thanks everyone.

:curse:

2moon2 Sep 10th 2007 4:14 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 

Originally Posted by Mitzyboy (Post 5294796)
You can pm people AFTER you have made 3 posts. Its to stop spammers coming on here and pming hundreds of people

Cool, thanks for clarifying that for me.
:thumbup:

Daxk Sep 10th 2007 4:23 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
2moon2, Do NOT under any circumstances buy a licence.
If you get caught you will be thrown in jail until you can get to a court which could take days..
A very good friend was falsely arrested on a trumped up charge by someone who owed HIM money.
He spent the weekend in jail.
He got raped
That took care of his life.
You do not want to be in a SA jail/police cells

Tegwyn Sep 10th 2007 4:41 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
Horrific Daxk. The shyte never seems to stop over there. :blink: That friend of mine whose daughter was raped is back in hospital again. Things going seriously pearshaped for her. :( 2moon2, they would not be the first insurance company to do whatever it takes to avoid paying out on a policy. Depending on the laws as they stand now, you may well be denied if you were not in possession of a South African driver's license at the time of the accident.

Redlippie Sep 10th 2007 4:50 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
There is absolutely NO consumer protection of ANY kind in South Africa, and people should realize that when they move from a first world country where they're used to being able to pick up the phone and get some answers.

2moon2 Sep 10th 2007 5:28 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
Thanks Daxk, Redlippie & Tegwyn for your feedback which I have taken and understood. having lived here for 7 years, I know of the horrors, but you always think that it will never happen to you. i guess I am just desperate at the moment and highly stressed with too much going on. As if selling my house and buying another with all the paperwork and finances etc to organise, this car fiasco could not have come at a worse time.

But i hear you, and will stay away from buying a licence.

Thanks all

Tegwyn Sep 10th 2007 5:38 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 
I hope you get some relief 2moon2. It can be daunting but you can only do what you can do. Who is the responsible party for the accident? Perhaps some solid info from a lawyer may be required if you get pressured to pay. At least you will know your legal standing.

IAN.K Sep 10th 2007 6:19 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 

Originally Posted by Tegwyn (Post 5295109)
I hope you get some relief 2moon2. It can be daunting but you can only do what you can do. Who is the responsible party for the accident? Perhaps some solid info from a lawyer may be required if you get pressured to pay. At least you will know your legal standing.

I must confess that I do not know the rules for SA regarding UK. Licences.However, having driven there on a UK Licence and all over Europe, Scandinavia and the states in the course of work I understood that the International rule was that you could drive on your own country's licence for 6 months. Before that period is up you must have a licence of the country that you are living in.I live in Turkey now and have a Turkish Licence ( what a joke ) but unfortunately the Insurance Co's. here are refusing to pay out on People that are driving on Brit Licence's after 6 months of living here.Aquaintance has just lost his car because he could not afford to repair it as the insurance co. would not pay out for the above reason.

Ian

Mitzyboy Sep 10th 2007 7:35 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 

Originally Posted by IAN.K (Post 5295241)
I must confess that I do not know the rules for SA regarding UK. Licences.However, having driven there on a UK Licence and all over Europe, Scandinavia and the states in the course of work I understood that the International rule was that you could drive on your own country's licence for 6 months. Before that period is up you must have a licence of the country that you are living in.I live in Turkey now and have a Turkish Licence ( what a joke ) but unfortunately the Insurance Co's. here are refusing to pay out on People that are driving on Brit Licence's after 6 months of living here.Aquaintance has just lost his car because he could not afford to repair it as the insurance co. would not pay out for the above reason.
Ian

Its far more varied than that I think Ian. In Spain for instance you can keep your UK licence until it expires quite legally, so I could have a UK licence here unless I voluntarily change it, for maybe 16 years

Tegwyn Sep 10th 2007 8:38 pm

Re: Car Crash Yesterday 8th sept - Need Urgent Advice
 

Originally Posted by IAN.K (Post 5295241)
I must confess that I do not know the rules for SA regarding UK. Licences.However, having driven there on a UK Licence and all over Europe, Scandinavia and the states in the course of work I understood that the International rule was that you could drive on your own country's licence for 6 months. Before that period is up you must have a licence of the country that you are living in.I live in Turkey now and have a Turkish Licence ( what a joke ) but unfortunately the Insurance Co's. here are refusing to pay out on People that are driving on Brit Licence's after 6 months of living here.Aquaintance has just lost his car because he could not afford to repair it as the insurance co. would not pay out for the above reason.

Ian

Basically what you are saying is that you were there on a temporary basis only. I'm sure the rules are different in those instances. It is those living there with permanent residence visas that would require a license.


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