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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:
Shelefttheweb · 15/03/2023 16:52

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

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If this were the case then all learner drivers would be required to take out their own insurance before starting driving lessons - which is clearly not the case.

Iwantamarshmallowman · 15/03/2023 16:54

I stayed friends with my driving instructor I know for sure he doesn't charge students when they damage the car or other cars .. he pays or claims on insurance.

Nailsandthesea · 15/03/2023 16:54

Report it to the police and him and the fact he told you NOT to stop and did not leave his details

I bet he will back off quickly

Bikeybikeface · 15/03/2023 16:55

The instructor will have insurance for these things. He should claim off his insurance.

JustFrustrated · 15/03/2023 16:55

I had a VERY similar situation once.

Clipped the wheel on a kerb coming up a hill.

Driving instructor made me pull over, screamed at me then demanded £100 for repairs.

I paid up and kept quiet.

When telling this story a few years later, everyone was appalled. That he'd done that, and that I paid up.

Put me right off driving. My next instructor forced me to clip his wheels to get over my fear of it

DawntilDusk4 · 15/03/2023 16:56

NowAAT · 15/03/2023 16:51

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.

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I clearly state that the driving instructor is liable and his insurance should pay and for her NOT to give him anymore money and to ask for his ADI badge number so she can question his insistence to pay. The other replies were simply stating the LAW!

Branleuse · 15/03/2023 16:56

I had a lot more than 50 lessons and i also failed a bunch of times. I got there in the end though. Thought id never do it, but I did and I drive perfectly fine.
Just cos you take longer to do it, doesnt mean driving isnt for you.
Clipping a wing mirror when the instructor was holding your wheel and had dual controls is not really your fault. Tell him to claim on his insurance

Namechangehereandnow · 15/03/2023 16:57

Pearlygates · 15/03/2023 16:44

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.

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And I've just told you that you are wrong … HAHAHAHA - thing is I’m not wrong. I literally can’t believe your high and mighty attitude, ffs grow up!

As I, and now others, have pointed out - YOU are wrong. By your reckoning, a learner can plough into a pedestrian, speed, deliberately swerve and crash, run red lights, and take no responsibility at all, blame it on the instructor for not stopping them 🙄

OP, it’s a good idea to ring Citizens Advice to get advice. Maybe @Pearlygates is your driving instructor 🤔🤣

MadeForThis · 15/03/2023 16:57

He sounds really dodgy.

andrew16 · 15/03/2023 16:57

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.

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Actually, it is true, DawntilDusk4 is correct.

If a learner driver is caught speeding (or committing any driving offence), whether that be with an official driving instructor or another person supervising, they can (and do) get fines and points on their license and in serious cases, prosecutions!

MarvelMrs · 15/03/2023 16:59

Is he asking you to pay the excess maybe?

Pearlygates · 15/03/2023 16:59

Namechangehereandnow · 15/03/2023 16:57

And I've just told you that you are wrong … HAHAHAHA - thing is I’m not wrong. I literally can’t believe your high and mighty attitude, ffs grow up!

As I, and now others, have pointed out - YOU are wrong. By your reckoning, a learner can plough into a pedestrian, speed, deliberately swerve and crash, run red lights, and take no responsibility at all, blame it on the instructor for not stopping them 🙄

OP, it’s a good idea to ring Citizens Advice to get advice. Maybe @Pearlygates is your driving instructor 🤔🤣

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You are still wrong! OP is not liable to pay for damages of any kind and again she doesn't need to be wasting her time in queue listen to the hold music of citizens advice for 87 minutes! And you can grow up as well ffs!

andrew16 · 15/03/2023 16:59

andrew16 · 15/03/2023 16:57

Actually, it is true, DawntilDusk4 is correct.

If a learner driver is caught speeding (or committing any driving offence), whether that be with an official driving instructor or another person supervising, they can (and do) get fines and points on their license and in serious cases, prosecutions!

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I should note that I am absolutely not siding with the instructor on this. Any damage to an instructors car caused when a student is driving should be covered under the instructor’s insurance policy.

DawntilDusk4 · 15/03/2023 17:00

Shelefttheweb · 15/03/2023 16:52

If this were the case then all learner drivers would be required to take out their own insurance before starting driving lessons - which is clearly not the case.

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If the learner driver was found guilty of acting without due care and attention even if under supervision then the learner could be held liable. For example, Driving Examiners have started wearing body and in tests because if the verbal abuse and dangerous driving they are exposed to when some learners disagree if they have been dual controlled. If an accident happened under these circumstances the learner would be at fault and could be sued personally by the insurance companies.

DawntilDusk4 · 15/03/2023 17:01

Body Cameras meant to say.

Lulu1919 · 15/03/2023 17:02

No the insurance will pay

Namechangehereandnow · 15/03/2023 17:04

@DawntilDusk4 its a pity @Pearlygates wont listen to you either 🤔 … Apparently we’re both wrong - learners have no responsibility whatsoever. Oh, and also shouldn’t ever waste their time getting independent advice either 🙄

CaroleSinger · 15/03/2023 17:04

As said repeatedly, driving instructors are insured. You do NOT pay anything for this. What he is doing is dodgy as fuck. You stop and get out when you have an accident. You don't just look in the mirror and drive off. He should have done that himself, not you. Don't contact him again and tell them you want a different instructor. He is trying to avoid claiming on his insurance because his premium will go up.

GoodChat · 15/03/2023 17:04

CaroleSinger · 15/03/2023 17:04

As said repeatedly, driving instructors are insured. You do NOT pay anything for this. What he is doing is dodgy as fuck. You stop and get out when you have an accident. You don't just look in the mirror and drive off. He should have done that himself, not you. Don't contact him again and tell them you want a different instructor. He is trying to avoid claiming on his insurance because his premium will go up.

They both should have stopped and got out. And left details. Legally.

CaroleSinger · 15/03/2023 17:06

GoodChat · 15/03/2023 17:04

They both should have stopped and got out. And left details. Legally.

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Well he's obviously dodgy then if he's telling students who don't know better to drive off.

Namechangehereandnow · 15/03/2023 17:07

Pearlygates · 15/03/2023 16:59

You are still wrong! OP is not liable to pay for damages of any kind and again she doesn't need to be wasting her time in queue listen to the hold music of citizens advice for 87 minutes! And you can grow up as well ffs!

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Why you would advise against getting independent advice, when OP’s getting so much conflicting information on here, is beyond me 🤷🏻‍♀️

Pointless discussing learners responsibilities further with you.

DawntilDusk4 · 15/03/2023 17:07

Lulu1919 · 15/03/2023 17:02

No the insurance will pay

The insurance will pay however their legal team may pursue a learner if they are guilty of driving without due care and attention.

whatausername · 15/03/2023 17:07

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.

For heaven's sake, then you stop the car, check the other car and leave your details. You are an adult who is learning to control a ton of metal. No, you should not pay but you are not a flipping child. Your attitude is unbelievably lacking in self-reflection, self-awareness and responsibility, instead it is all about arse-covering and money. Wise up if you want to be on the road.

And, before you start bleating, people telling you that you need to work on things or be more aware is not that people are denying that accidents happen or that they are claiming to be perfect. They are picking up on your attitude. Accidents have causal and contributing factors by the way.

Lotsofthingstoconsider · 15/03/2023 17:09

Hi OP 60, I don't think there is much point in you debating the situation in this topic.

This will all come down to the contract, terms and conditions. Try and ask MNHQ to move this to legal. As there are a lot of knowledgeable Lawyers there who offer Sound advice for situation such as this.

DawntilDusk4 · 15/03/2023 17:12

Namechangehereandnow · 15/03/2023 17:04

@DawntilDusk4 its a pity @Pearlygates wont listen to you either 🤔 … Apparently we’re both wrong - learners have no responsibility whatsoever. Oh, and also shouldn’t ever waste their time getting independent advice either 🙄

It is a misconception in the industry and my learners and their parents (if they are under 18) are made fully aware of all the Laws, duty of care and the provisional drivers legal responsibilities before they get behind the wheel of my car. I just hope that learners understand that they are paying for a professional service and that they should hold their driving instructors accountable however the law is the law non of us can dispute this fact no matter whether we agree with the ethics of it is immaterial.