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Accident whilst driving in instructors car Watch

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    (Original post by Patricia Grant)
    I haven't driven in years. Thought I would do a few refresher lessons. The instructor was on his phone texting when I then hit a parked car. He started swearing in Russian and told me to leave.
    The instructor sounds very unprofessional. If you didn't have a full license, what he did would have been illegal. I would also wonder what the terms of his insurance are.

    Earlier that day my husband had just added me to his policy.
    You should be covered under the instructor's insurance. Your husband's policy will only cover you on his car.

    Who is at fault here?
    You have a full license, so it's you. However, it's the instructor's insurance that is liable, assuming that his phone use didn't invalidate it. If it did, you'd have to sue him personally.

    Did he give his insurance details?
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    (Original post by MiszShortee786)
    My point still stands. He should not be texting thats not an expected behavior from an instructor.
    I agree. IMO, it's legal because the OP has a full license. However, the OP is also paying for a driving lesson - should they expect any less effort from the instructor?
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    (Original post by RogerOxon)
    I agree. IMO, it's legal because the OP has a full license. However, the OP is also paying fro a driving lesson - should they expect any less effort from the instructor?
    Exactly! You are giving something to receive something in return. What should be given should be respected guess the instructor thought otherwise taking advantage of the situation?

    If he does not expect OP to text at the wheel then what position is he in to portray such behavior?
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    (Original post by MiszShortee786)
    Exactly! You are giving something to receive something in return. What should be given should be respected guess the instructor thought otherwise taking advantage of the situation?

    If he does not expect OP to text at the wheel then what position is he in to portray such behavior?
    We don't know the circumstances for which the instructor's texting and the OPs driving overlapped.

    For all we know, the instructor asked the OP to drive to a car park so they could practice parking, and felt it was safe for him to contact other students regarding lessons.

    This is something OP needs to elaborate further.
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    The instructors have their own set of controls... If you crashed because you lost control of the car then that's the instructor's fault as they could've took control. However, if you caused the accident by - for example - slamming the brakes randomly causing a car behind you to crash into you, then it's your fault. It depends on what happened.
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    (Original post by Paracosm)
    The instructor was... texting? Surely that's not legal... he should have been keeping an eye on what you were doing and then you wouldn't have hit the car. Also agreeing with the others here in saying that he shouldn't have told you to leave...
    Yeah I know that because it happened to someone I know and the instructor got points. So it would be at very least 50/50. The instructor is there for a reason and not to text. Yeah she is driving at the end of the day but if the instructor was texting... he's in trouble. 6 points probably depending on what info he declares i guess
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    (Original post by gapyearlads)
    Yeah I know that because it happened to someone I know and the instructor got points. So it would be at very least 50/50. The instructor is there for a reason and not to text. Yeah she is driving at the end of the day but if the instructor was texting... he's in trouble. 6 points probably depending on what info he declares i guess
    The OP holds a full licence, so the instructor won't be getting any points.
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    (Original post by IWMTom)
    The OP holds a full licence, so the instructor won't be getting any points.
    That could be revoked now that the OP had an accident at the least she will be getting points. As for the instructor he will be questioned as to why the accident occurred in the first instance if he is deemed as being a 'professional'.
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    (Original post by MiszShortee786)
    That could be revoked now that the OP had an accident at the least she will be getting points. As for the instructor he will be questioned as to why the accident occurred in the first instance if he is deemed as being a 'professional'.
    I'm sorry, what? You don't get penalty points for having an accident...
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    (Original post by IWMTom)
    I'm sorry, what? You don't get penalty points for having an accident...
    https://www.gov.uk/penalty-points-en...penalty-points
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    Your point being? What points would the OP be getting, here?
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    (Original post by IWMTom)
    Your point being? What points would the OP be getting, here?
    Undefined accident offences
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    (Original post by MiszShortee786)
    Undefined accident offences
    You're having a laugh, aren't you? Is that the absolute best you could come up with? Stop trolling.
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    (Original post by MiszShortee786)
    Undefined accident offences
    (Original post by IWMTom)
    You're having a laugh, aren't you? Is that the absolute best you could come up with? Stop trolling.
    MiszShortee, you're confusing me??? :lol: I don't see how OP would get points for this? :laugh:
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    (Original post by IWMTom)
    The OP holds a full licence, so the instructor won't be getting any points.
    Ohhh yh my bad I was under the impression she was a learner. Completely forgot lmao.

    But the instructor isn't in the clear. It depends who says what at the scene I guess
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    OP hasn't been back on the thread so I doubt we'll ever be any wiser about the circumstances.

    A post and run...
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    (Original post by Doonesbury)
    OP hasn't been back on the thread so I doubt we'll ever be any wiser about the circumstances.

    A post and run...
    They were online 18 hours ago, so definitely may have seen some of the posts. Just hasn't replied :eviltongue:
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    (Original post by Drunq)
    i think the driving instructors, otherwise he wouldn't have told her to get out her own car.
    I think she was just having some refresh lesson as she hadn't drove a car in a while. She got insured on her husbands car earlier that day, but didn't want to drive it as it ad been a while. So decided to have a few lessons before driving for own car.
    Well that's what I think anyway

    As for who's fault it is unfortunately it would be yours. I have just learnt this in university. Just learned about a case which was the same as your situation


    ‘In the civil law if a driver goes off the road on to the pavement and injures a pedestrian, or damages property, he is prima facie liable. Likewise if he goes on to the wrong side of the road. It is no answer for him to say: "I was a learner driver under instruction. I was doing my best and could not help it." The civil law permits no such excuse. It requires of him the same standard of care as of any other driver. "It eliminates the personal equation and is independent of the idiosyncrasies of the particular person whose conduct is in question“ … The learner driver may be doing his best, but his incompetent best is not good enough. He must drive in as good a manner as a driver of skill, experience and care, who is sound in wind and limb, who makes no errors of judgment, has good eyesight and hearing, and is free from any infirmity …’


    Nettleship v Weston [1971] 2 QB 691, 699 (Lord Denning MR
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    (Original post by waqas_hussain98)


    Nettleship v Weston [1971] 2 QB 691, 699 (Lord Denning MR
    But the driving instructor in Nettleship was held to be 50% to blame. In Nettleship the driving instructor was also the victim so his damages were reduced by 50%. Here, the OP's insurers would seek a contribution from the driving instructor's insurers.
 
 
 
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