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VIC Car Accident Driving Instructor's Car - Liability?

Discussion in 'Insurance Law Forum' started by Sophia, 31 July 2014.

  1. Sophia

    Sophia Member

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    Hi! I accidentally crashed my driving instructor's car on a pole while having a driving lesson. Do I responsible for the car repairs as a result of the car accident?
     
  2. John R

    John R Well-Known Member

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    Hi @Sophia,
    As a general rule (similar to a hire car), you may be liable for any excess to repair the damage to the car.
    What does your driving instruction contract/agreement say in relation to accidents? What has your driving instructor said?
     
  3. Sophia

    Sophia Member

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    My driving instructor asked me to pay for a partial of repairs.
     
  4. Sophia

    Sophia Member

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    I didn't sign any contract/agreement, but my driving instructor asked me to pay for part of repairs. Do I responsible to any repairs?
     
  5. Sarah J

    Sarah J Well-Known Member

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    Hi Sophia,

    If your driving instructor is a professional instructor and driving a car with dual sets of brakes, then your instructor (or the driving school) should have enough insurance to cover damages to the car.

    However, like John said, you may be liable for any excess (any amount not covered by insurance).

    In learner/instructor type situations, while the accident may ordinarily be the driver's fault, the instructor may bear some responsibility in the accident. This means that if there is excess damage, you are likely liable for some of the costs, however, this will likely be mitigated given that you are in a learner/instructor type relationship. However, any demerit point loss would go against you.

    If your driving instructor was not a professional instructor, then this would be treated as a general road vehicle accident where you are responsible for damages to the car.
     

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