MK5 Golf GTI

General => Random Chat => Topic started by: Andy on November 07, 2013, 12:55:00 pm

Title: trivial pursuit question- who is at fault
Post by: Andy on November 07, 2013, 12:55:00 pm
if a learner driver is in a car with duel controls and has a crash into the back of a car who gets the points the leaner driver or the instructor
Title: Re: trivial pursuit question- who is at fault
Post by: xjay1337 on November 07, 2013, 12:56:56 pm
The points?
The blame would be probably be attributable to the driver but the instructor should ultimately be responsible.
Title: Re: trivial pursuit question- who is at fault
Post by: jbenekeorr on November 07, 2013, 01:22:08 pm
Interesting question!

I remember my driving instructor telling me that her insurance was cheap (only a few hundred pounds) because she was effectively insuring herself and not the learners because she has control. Although I don't know which way that points the blame or how true that is.
Title: Re: trivial pursuit question- who is at fault
Post by: MC71 on November 07, 2013, 02:33:29 pm
Gov' Guidelines on blame/responsibility.......

Learner drivers

Learner drivers who are driving legally are in exactly the same position as any other driver in relation to a traffic accident. The supervisor of a learner driver must do all that is reasonable to prevent the driver from driving in a way likely to cause danger to others. It is the duty of the driver to report an accident and the liability and responsibility of the supervisor depends on the particular circumstances.

The police have the power to require the supervisor of a learner driver to produce their licence and certificate of insurance.

Personally I blame the instructor, they're all feckless!
Title: Re: trivial pursuit question- who is at fault
Post by: Horatio on November 08, 2013, 01:05:02 pm
Quote from: maxitrol on November 07, 2013, 12:55:00 pm
if a learner driver is in a car with duel controls and has a crash into the back of a car who gets the points the leaner driver or the instructor

Are we assuming the learner driver IS driving? OR a passenger????
Title: Re: trivial pursuit question- who is at fault
Post by: Veee-dubber on November 08, 2013, 01:46:19 pm
can you clarify what you mean by 'points' exactly?

A girl I was seeing in college about 7 years ago wrote her instructors car off during her test by veering off the road and into the ditch - Now how the F*CK does that happen? lol

Mind you come to think of it she was as thick as two short planks... But dammmn was she fit!

 :drool: Must get back on topic - sorry!
Title: Re: trivial pursuit question- who is at fault
Post by: Andy on November 08, 2013, 07:03:50 pm
the leaner is driving :driver: If he crashs into a car or speeding etc who gets the points
Title: Re: trivial pursuit question- who is at fault
Post by: Deako on November 08, 2013, 07:05:01 pm
The question is flawed, why points?
Title: Re: trivial pursuit question- who is at fault
Post by: Andy on November 08, 2013, 09:10:08 pm
why points?if you or a learner driver crash into some one and it goes to court then whois to blame
Title: Re: trivial pursuit question- who is at fault
Post by: doylebros on November 08, 2013, 10:04:49 pm
That's the idea of the courts, nothing is black or white - each case on its merit.

So whoever presents their case best wins or as those people say :-

"exceptional circumstances requires exceptional measures"

Everybody or nobody pays!
Title: Re: trivial pursuit question- who is at fault
Post by: berg on November 08, 2013, 10:07:54 pm
Firstly, as people have pointed out in the scenario of a simple collision there would be no points as it is civil and not criminal offence. Only if the police attend and they believe the standards of driving to be "below the reasonable man/woman" and dangerous/careless/ driving without due care would there be any possibility of points.

In the civil court your case to refer to is Nettleship v Weston - some contributory negligence can rest with the driving instructor, good old Lord Denning Judgment again, God rest his soul  :happy2: