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Original poster

Had an accident in driving instructors car - he said I have to pay for it

590 replies

Yupbabs · 15/03/2023 14:48

A question for uk learner drivers

I had a driving lesson today and I had an accident, I took the wing mirror off when passing a parked car. Instructor said he’ll try to lower the price as much as possible but he’ll be in touch with how much I need to pay. Is this right? Do I need to pay? My previous driving instructor said if there was an accident then his insurance covers the damage

I feel like he’s trying to con me. This was the first lesson I ever had with the guy, I had about 50 lessons with my other instructor and he made sure I didn’t have any accidents by using the dual control. This guy today just tilted the steering wheel away from the parked car and it still hit it.

OP posts:
GoodChat · 15/03/2023 16:29

he did it maybe once or twice per 2 hour lesson. I don’t know where you got the information that I did it on a regular basis.

To be fair that is a lot. He shouldn't have been allowing you to drive so close to other cars if you struggle to hold the wheel straight after 50 driving hours.

Shamdyhandy · 15/03/2023 16:31

he did it maybe once or twice per 2 hour lesson. I don’t know where you got the information that I did it on a regular basis

that’s incredibly regular. Most people that might happen to once or twice TOTAL in first couple of weeks. He/ she should have been working with you on spatial awareness.

Doesthepopeshitinthewoods · 15/03/2023 16:31

Yupbabs · 15/03/2023 16:13

@Shamdyhandy 50 hours worth of lessons, yes. what’s astounding is the fact that that’s all you pick up from this.. not the fact that the driving instructor is clearly dodgy.
I misjudged how far away I was, give me a fkn break

It’s just, after that many hours of lessons people have normally taken a test and passed, and are not steering into another car.

Not everyone of course. And if you’ve decided not to continue driving, it’s moot anyway.

DawntilDusk4 · 15/03/2023 16:31

Yupbabs · 15/03/2023 16:23

That really doesn’t make any sense. I don’t know what I’m doing, he told me to keep going so I did.

I emailed the driving school and told them everything.
what details? I don’t have insurance. He’s the one with the full license and insurance.

Show quote history

This is a misconception if provisional driving license holders. You are the person driving the car. You have legal responsibilities too. If you get caught speeding the points go on YOUR license. If you go through a red light the points go on YOUR license. The argument is valid that the driving instructor is negligible and liable for the fines but the law states that the points go on YOUR license. It’s the same at the scene of an offence such as hit and run. It is your license even if it is provisional that allows you to drive a car legally even if under supervision it doesn’t negate the fact that you still have to follow the law just because someone says not to even if they are a driving instructor or another supervising driver doesn’t cover you legally for not reporting the incident and leaving your details.

Namechangehereandnow · 15/03/2023 16:32

Pearlygates · 15/03/2023 16:18

You are wrong. She is not responsible and she doesn't need to be wasting time calling citizens advice.

Show quote history

Really? From 2 different websites …. Therefore, getting advice from an independent body such as Citizens Advice, is a good idea.

According to legal precedent, learner drivers have the same duty of care as those who've passed their test. This means that if you, as a learner, are involved in an accident, the supervising driver won't be the one at fault—you will.

If you are a learner driver involved in an accident in your driving instructor's car, you could be held liable for any damage caused to the vehicle or any injuries to others, such as: Head injuries, including a concussion. Neck injuries due to whiplash

Beautiful3 · 15/03/2023 16:32

I was told by my driving instructor that he is responsible for the car, and in control. Any accidents would be covered by his car Insurance. Why on earth would a learner be responsible? What if you were a low income earner? It doesn't make sense. He's obviously not going to claim on his insurance, but wants you to pay for it to be a direct garage job. Ignore him and don't pay.

Doesthepopeshitinthewoods · 15/03/2023 16:35

he did it maybe once or twice per 2 hour lesson. I don’t know where you got the information that I did it on a regular basis

And needing the instructor to adjust your steering wheel is usually only required at the very beginning of learning, spatial awareness and being able to place a car in a lane safely is usually mastered relatively quickly. It’s important, obviously, especially if you’re passing a cyclist or pedestrian or horse.

Anyway, that’s why posters were picking up in that particular element.

Original poster
Yupbabs · 15/03/2023 16:37

@DawntilDusk4 the incident has been reported to the driving school and they just got back to me and they said they’re looking into it.
it’s not as if I haven’t told anyone and I’m keeping quiet about it.

well even if that is the case, I don’t know what I’m responsible for and what I’m meant to do in a situation like that. there’s so many rules, it’s not like I’m going to be driving again so if points do get placed on my license so be it. it’s provisional and it’ll expire within the next few years anyway.
Even if I had told him to leave his details I bet he wouldn’t have. He is negligent as you said, a negligent instructor wouldn’t do the right thing.

OP posts:
Original poster
Yupbabs · 15/03/2023 16:39

@Doesthepopeshitinthewoods that’s why I said I couldn’t see the edges of the car. I’m way too low down to see. No, I don’t have spatial awareness, but this post isn’t about that. It’s about the fact that he wants me to pay for it despite the fact that he’s 90% in the wrong.

OP posts:
GoodChat · 15/03/2023 16:40

@Yupbabs you need to report the incident to the police, and the other party if you can.

If he doesn't notify his insurance that's on him, as you don't have their details, but you need to do your part.

PandanSwissR0ll · 15/03/2023 16:42

The driving instructor should have his own car insurance which should pay for this

Don't pay any money

Change driving instructor if necessary

NowAAT · 15/03/2023 16:42

DawntilDusk4 · 15/03/2023 16:31

This is a misconception if provisional driving license holders. You are the person driving the car. You have legal responsibilities too. If you get caught speeding the points go on YOUR license. If you go through a red light the points go on YOUR license. The argument is valid that the driving instructor is negligible and liable for the fines but the law states that the points go on YOUR license. It’s the same at the scene of an offence such as hit and run. It is your license even if it is provisional that allows you to drive a car legally even if under supervision it doesn’t negate the fact that you still have to follow the law just because someone says not to even if they are a driving instructor or another supervising driver doesn’t cover you legally for not reporting the incident and leaving your details.

Show quote history

Oh my days that is not true. Shes a learner and she bears no responsibility for anything as long as the instructor is in the passenger seat. Stop it.

HurryShadow · 15/03/2023 16:42

Yupbabs · 15/03/2023 15:30

@DawntilDusk4 he didn’t get out and check. He just looked at the car in the rear view mirror and told me to drive on.
and I looked on the website and they are self employed driving instructors, they don’t work for the driving school

Whoa! That's terrible! If you damaged another vehicle, then that driver is going to be pissed off and will have to pay for their own damage/go through their insurance.

Your driving instructor is very dodgy and is obviously trying to avoid going through their insurance.

The driving school website terms is just saying that they take no responsibility for their driving instructors and that your contract is with the driving instructor, not the school, so don't worry about that.

I just googled it and came up with the "London Driving School" and their website specifically says:

"In the event that the LDS instructors teaching vehicle is damaged due to driver error from the pupil time spent resolving the issue will count towards the pupils lesson time.

For example: if the pupil hits the kerb and damages the alloy/punctures the tyre, the pupil will lose any remaining minutes it takes to change the tyre. The instructor will not charge the pupil for the damage – only driving lesson time may be lost."

I think that's a fair policy. That's what insurance is for.

As PP's have said - if the driving instructor wasn't paying enough attention to avoid the issue, then they're not a good instructor.

Please don't be disheartened about driving though. If you're on facebook, check any local groups for recommendations and switch to someone better.

DawntilDusk4 · 15/03/2023 16:43

Yupbabs · 15/03/2023 16:37

@DawntilDusk4 the incident has been reported to the driving school and they just got back to me and they said they’re looking into it.
it’s not as if I haven’t told anyone and I’m keeping quiet about it.

well even if that is the case, I don’t know what I’m responsible for and what I’m meant to do in a situation like that. there’s so many rules, it’s not like I’m going to be driving again so if points do get placed on my license so be it. it’s provisional and it’ll expire within the next few years anyway.
Even if I had told him to leave his details I bet he wouldn’t have. He is negligent as you said, a negligent instructor wouldn’t do the right thing.

Don’t let him put you off continuing as you said you have now reported it to the driving school. Find an instructor who will meet your needs better. It is suppose to be client centred learning and you are an active participant in planning your lessons and learning needs. Don’t give up because if this because it sounds like you have had a bad instructor. Many of my students have steering problems after 50 hours with other instructors and they all pass in the end. Good luck 🤞

GoodChat · 15/03/2023 16:44

@NowAAT you're completely wrong. She's still liable. He's only responsible if he's not properly supervising.

He should have made her stop, but ultimately she's the driver and legally that's down to her.

Pearlygates · 15/03/2023 16:44

Namechangehereandnow · 15/03/2023 16:32

Really? From 2 different websites …. Therefore, getting advice from an independent body such as Citizens Advice, is a good idea.

According to legal precedent, learner drivers have the same duty of care as those who've passed their test. This means that if you, as a learner, are involved in an accident, the supervising driver won't be the one at fault—you will.

If you are a learner driver involved in an accident in your driving instructor's car, you could be held liable for any damage caused to the vehicle or any injuries to others, such as: Head injuries, including a concussion. Neck injuries due to whiplash

Show quote history

And I've just told you that you are wrong therefore there's no need for her to be wasting her time calling citizens advice. I don't care what google says. Laws are laws.

DawntilDusk4 · 15/03/2023 16:45

NowAAT · 15/03/2023 16:42

Oh my days that is not true. Shes a learner and she bears no responsibility for anything as long as the instructor is in the passenger seat. Stop it.

Show quote history

It’s the LAW I’m not talking about responsibility 😆

GoodChat · 15/03/2023 16:45

@Pearlygates you're wrong. You can say it doesn't matter what google says but, in the eyes of the law, your wrong.

BadNomad · 15/03/2023 16:46

Yupbabs · 15/03/2023 16:11

@BadNomad no, the instructors wing mirror was knocked off and he told me to stop to look in the rear view mirror at the other car, he said it looks ok and he told me to keep driving

I think that's what he's planning then, for you to pay for the replacement wing mirror. It probably won't cost as much as his excess would, so it's not worth going through his insurance for (and putting his premium up). Did he discuss his terms & conditions before you started lessons with him? If students are expected to pay for damages he needs to tell them that up front. If he didn't, then you shouldn't have to pay anything.

Lachimolala · 15/03/2023 16:47

I’m learning to drive currently, I just text my instructor and he’s says it’s on him to pay for damages/fines etc from learner drivers. He says that’s what insurance is for, he own his own driving school and his instructors are all self employed and he said it goes for them too.

Personally I wouldn’t pay a penny. Leave it to the driving school and his insurance, he’s trying it on. Ignore him and ask to be moved to another instructor.

Dente · 15/03/2023 16:48

It’s not your fault, you are “learning” to drive. Surely this stuff happens all the time and surely part of the fee you pay to your driving instructor includes insurance! Which is why learner drivers don’t need personal insurance!

if my son was driving my car and I was teaching him to drive and he hit another car, we would claim on the insurance that I am paying and detailing that he was the driver!

Op is getting such a hard time here! Don’t give up on your driving! People make much worse mistakes and don’t even feel bad!

NowAAT · 15/03/2023 16:51

DawntilDusk4 · 15/03/2023 16:45

It’s the LAW I’m not talking about responsibility 😆

Show quote history

Are we talking about the same thing here? TBH I'm still talking about who's responsible for the damages. I've read your post again and you're talking about the fact the OP didn't stop at the scene. That's another issue on it's own. Which is why I said she should also report it and report the instructor.

Dinoboymama · 15/03/2023 16:51

As you were driving the car you do need to report this to the police, you should never leave the scene of an accident without leaving details as you have it's best to cover yourself.

You shouldn't have to pay for the damages as a driving instructor will have insurance for these types of things.

MyOldFriendTime · 15/03/2023 16:52

He’s obviously just trying it on. Tell him you won’t be paying a penny and will look elsewhere for lessons.
Don't give up OP, I’ve been driving 30 years and have clipped the wing mirror before now.

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