Accident whilst driving in instructors car

Hi, basically I was on my driving lesson when I swing a little when someone was overtaking me and I've smashed the car, the car was going over 40 miles and was so close to me that I panicked and instead of going to a left a little I went to the right. I've had over 40 hours practice but I've just panicked. Regardless of fault the overtaking car didn't leave enough space for my driving errors and it didn't stop. My driving instructor was on his phone at the time it has happened I know it's my fault because I've swerved but my instructor is saying that I would have to pay for the damage I've caused to his car. Was anyone in similar situation ? I want to know what will happen now and will I have to pay for the damage and will it have any consequences for me ? I could ask my driving instructor all these questions but he was so angry that he didn't want to talk to me.

Reply 1

xXxBaby-BooxXx

19

Tbf you could probably argue out of paying on the basis that he shouldn't have been on his phone. If you are a learning driver then as the supervisor (and the one holding a full license) they are effectively in control of the vehicle at all times, so they have to follow the same rules as if they were the driver.

This means it is illegal for them to have been in their phone at the time, likewise they wouldn't be allowed to be over the drink-drive limit etc.

Not sure whether it would actually work or not, depends how much you're willing to challenge it.

Reply 2

shaymarriott

9

This is why your instructor has insurance. It's an inherent risk of the 'driving instructor' job, and his income (your money) pays for the insurance.

If I were in your situation id say no, and then if he pushed it I'd get a new instructor.

Posted from TSR Mobile

Reply 3

fatiana

22

ngl it's his fault for being on the phone
or at least he is in some fault

Reply 4

money-for-all

17

Are you crazy ? DO NOT PAY FOR THE DAMAGES !why should you pay, if you are paying him to teach you, it is his fault , not your fault, he should have grabbed the steering wheel or put on his brake, tell him to do one if he tells you to pay damages.you sound like your scared of your instructor ?man the f**k up

Reply 5

Hevachan

15

What the hell, there's no excuse, he should have been paying attention and teaching you properly instead of being on the phone.. Definitely don't pay!

Reply 6

tcameron

19

By law he isn't allowed to be on the phone with a learner so you could argue that - you clearly panicked and he should have intervened.
His fault - he could have pushed break or even swerved the wheel for you
Don't oay for the damages - he knows there is always a risk with a learner driver

Reply 7

XMaramena

22

Original post by Esmax

Hi, basically I was on my driving lesson when I swing a little when someone was overtaking me and I've smashed the car, the car was going over 40 miles and was so close to me that I panicked and instead of going to a left a little I went to the right. I've had over 40 hours practice but I've just panicked. Regardless of fault the overtaking car didn't leave enough space for my driving errors and it didn't stop. My driving instructor was on his phone at the time it has happened I know it's my fault because I've swerved but my instructor is saying that I would have to pay for the damage I've caused to his car. Was anyone in similar situation ? I want to know what will happen now and will I have to pay for the damage and will it have any consequences for me ? I could ask my driving instructor all these questions but he was so angry that he didn't want to talk to me.

As the supervising driver, he it partly responsible for ensuring that you drive safely and in accordance with the law. He should not have been on his phone with his attention away from his student.

Did you sign a contract when you started lessons?

Driving instructors pay higher insurance premiums to cover the cost of accidents while working. It should not be your responsibility to pay unless you explicitly agreed to this unusual condition in a contract at the start of your lessons.

Also, did he have a dashcam running? Because the other car has broken the law by failing to stop after an RTC with another vehicle.

(edited 7 years ago)

Reply 8

Advisor

8

As a lot of others have said, don't pay a thing.

Insurance is there to cover cost of damages, regardless of whose fault it is. The collision could well have been prevented had the instructor been paying attention and controlling your movements as the hazard developed. To have been on the phone while supervising you is disgraceful. The collision proves his negligence. To ask you for money to pay for the damage beggars belief unless it was pre-written into some contract you had with him.

Leave that instructor and report him to DVSA quoting his name and ADI number.

Reply 9

Esmax

OP

3

Yes he had a dash camer.
Also What's ADI number as I'm not sure as he didn't gave me any number. And I haven't signed any form of contract with him. He said that he's insurance company will contact me and he even told me what should I say to them, should I mention to them that he was using he's phone. My partner said that I pay £39 pounds for an hour and half lesson so it should cover the insurance costs in case of accidents but I wasn't sure that's why I'm asking as I've spend over £1000 on his lessons and don't want to pay £500 to him for the damage.
Also I have my driving test soon but fortunately I am doing it in my dads car and if I pass it do I have to declare the accident when buying insurance policy ?

Reply 10

im.a.witch

13

Original post by Esmax

Yes he had a dash camer.
Also What's ADI number as I'm not sure as he didn't gave me any number. And I haven't signed any form of contract with him. He said that he's insurance company will contact me and he even told me what should I say to them, should I mention to them that he was using he's phone. My partner said that I pay £39 pounds for an hour and half lesson so it should cover the insurance costs in case of accidents but I wasn't sure that's why I'm asking as I've spend over £1000 on his lessons and don't want to pay £500 to him for the damage.
Also I have my driving test soon but fortunately I am doing it in my dads car and if I pass it do I have to declare the accident when buying insurance policy ?

DO NOT PAY IT WAS NOT YOUR FAULT.

That is why you learn in his car because it should be covered for things like this. He sounds dodgy , honestly don't listen to him. Tell the insurance or the police he was on his phone because if HE had been paying attention he would have taken control for you like my instructor has many times.

ITS HIS JOB !! :redface:

Reply 11

IFoundWonderland

19

Original post by Esmax

Hi, basically I was on my driving lesson when I swing a little when someone was overtaking me and I've smashed the car, the car was going over 40 miles and was so close to me that I panicked and instead of going to a left a little I went to the right. I've had over 40 hours practice but I've just panicked. Regardless of fault the overtaking car didn't leave enough space for my driving errors and it didn't stop. My driving instructor was on his phone at the time it has happened I know it's my fault because I've swerved but my instructor is saying that I would have to pay for the damage I've caused to his car. Was anyone in similar situation ? I want to know what will happen now and will I have to pay for the damage and will it have any consequences for me ? I could ask my driving instructor all these questions but he was so angry that he didn't want to talk to me.

I learnt with BSM.

My instructor told me that during lessons, she was culpable for any accidents or damages. This is because she is the person with the full licence and driving instructor licence and is responsible for you.

I don't know how the law would work with an independent instructor, but the fact that he was on his phone should hold weight.

Good luck.

Reply 12

Minionmum

15

Do not pay! get a new instructor - his insurance will cover it! do not let him talk you into lying to his insurance company - tell it straight - he should not have been on his phone and it is the other cars fault as he was OVERTAKING - this automatically puts them in the wrong - (should also have seen you were a learner and given you an extra wide berth anyway) -if he has the proper insurance he will be covered for uninsured loss where it is not your fault and the other driver didn't stop - the dash cam should show the other cars number plate - he is just trying to wriggle out of his excess / no claims bonus - there was a similar thread on here earlier in the year or late last year - with an instructor trying to get the learner to pay - don't do it - don't have another lesson with this guy - he sounds like a right cowboy.

Reply 13

TheMcSame

19

Shouldn't need to pay. If your instructor is forcing you to pay then throw them under the bus and go to the police and report them for using their phone while supervising a learner.

Reply 14

The_Stig

10

Lol are you ****ing crazy. Listen to what everyone here is telling you. Don't pay out anything. He will claim it from the insurance and get money from you on top of that. Thats illegal. If you get any call, tell them you won't be paying for anything as a driving instructor should have insurance that covers accidents while a learner is driving also - he was on his ****ing phone.

Reply 15

Esmax

OP

3

Thank you guys for all your help, I've told him that it is illegal to be on a phone and his insurance should cover all the costs of repair. You should of seen his face when I told him this Lol but then he said that its ok and apparently I won't have to pay anything as his insurance company said that the overtaking car should take extra care when overtaking and he should stop after the accident therefore it's classed as his fault. But I'm still waiting for the phone call from his insurance company also I'm going to report him as he should be watching me all the time instead being on his phone as when I was learning with my dad last year it never happend as he was always ready to take control of the steering wheel or apply hand break and therefore I didn't had any accident with my dad as he always prevented it. I'm happy that nothing happend to anyone just the right side of the car is damaged and.

Reply 16

Advisor

8

Original post by Esmax

Also What's ADI number as I'm not sure as he didn't gave me any number.

His ADI number will be displayed on the green badge displayed in the bottom left corner of the windscreen (where tax discs used to be).
It should look like this: DVSA ADI badge (r).gif

If he doesn't display any such badge or he keeps it anywhere other than attached to the bottom left corner of the windcreen, then he is teaching illegally and you should report him to the police and DVSA.

And I haven't signed any form of contract with him.

Then he cannot claim a thing from you. He won't have a leg to stand on in a court of law.

He said that he's insurance company will contact me and he even told me what should I say to them,

If he's telling you what to say, that sounds like he's trying to control and manipulate you and you should be very suspicious of that, especially if what he's telling you to say isn't the whole truth. If you are contacted, you do not have to say anything. If you do, only tell the whole truth and nothing but the truth to the best of your knowledge.

should I mention to them that he was using he's phone.

Yes. That will more than likely make him liable and could invalidate his policy. It would serve him right.

(edited 7 years ago)

Reply 17

Emma:-)

Entertainment Forum Helper

19

Original post by Esmax

Thank you guys for all your help, I've told him that it is illegal to be on a phone and his insurance should cover all the costs of repair. You should of seen his face when I told him this Lol but then he said that its ok and apparently I won't have to pay anything as his insurance company said that the overtaking car should take extra care when overtaking and he should stop after the accident therefore it's classed as his fault. But I'm still waiting for the phone call from his insurance company also I'm going to report him as he should be watching me all the time instead being on his phone as when I was learning with my dad last year it never happend as he was always ready to take control of the steering wheel or apply hand break and therefore I didn't had any accident with my dad as he always prevented it. I'm happy that nothing happend to anyone just the right side of the car is damaged and.

I see he changed his tune then about you having to pay when you told him about that his insurance should cover it and him being on his phone.
Now that he has told you that you dont have to pay, id ditch him and get someone else.

Reply 18

Laomedeia

21

Original post by shaymarriott

This is why your instructor has insurance. It's an inherent risk of the 'driving instructor' job, and his income (your money) pays for the insurance.

If I were in your situation id say no, and then if he pushed it I'd get a new instructor.

Posted from TSR Mobile

Not only would I get a new instructor anyway, I would threaten to kill him if he tried to force me into paying. Its his car, its his job to teach new/crap drivers and therefor such incidents are his risks. He does sound like a genuine AH. Your paying for him to teach you to drive, how can he effectively do that when the dullard is on his fudging phone! Fudger got what was coming.

Accident whilst driving in instructors car

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