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Learner drivers, Instructors and car accident claims

road traffic accident claims

In addition to all the usual requirements, there are certain conditions that must be met before a learner driver can even drive under supervision:

  • The learner driver MUST hold a valid provisional license
  • The supervisor MUST be over the age of 21
  • The supervisor must hold a full driving license for the type of car being driven
  • The supervisor must have held that license for at least 3-years
  • The vehicle must display red L-plates

Once these conditions have been met, you are free to drive whilst supervised!

However, you will not be permitted to drive on the motorway as a learner driver on a provisional driver’s license (though new changes are due to come into force in 2018).

Depending on the specific circumstances, the supervisor of the learner driver and the vehicle can be held 100% negligent or partially to blame for a collision that occurs.

This was the case in Rubie V Faulkner, where the supervisor was convicted of aiding and abetting a driver in the commission of driving without due care and attention.

In this case the driver pulled out to overtake a horse and cart when it was not safe to do so (on a bend) and collided with a lorry coming in the opposite direction.

The supervisor of the learner vehicle could fully see the road ahead and failed to take control in an attempt to stop the collision occurring.

The court held that he could have said “do not overtake in this area” or could have shouted, “keep in” when the learner driver attempted to overtake.

On the other hand, a case of Lovelace V Fossum, a driving instructor was giving his friend driving lessons. They were travelling in wet, slippery weather conditions and the instructor gave the instruction to slow down before a bend – this was followed. The instructor repeated the instruction to slow down when they were about 90 feet from the bend but the driver didn’t hear the instruction and lost control of the vehicle which skidded off the road.

The court found both the instructor and the learner driver equally to blame for the accident as the instructor failed to manage the situation safely and the learner driver failed to use the best skill he possessed to obey the instructor.

Conclusion:

A majority of cases find both the learner driver and instructor equally to blame if an accident occurs.

This is because they are thought to be equally concerned in driving and must together maintain the same measure of control over the car unless there is evidence to prove one of them is more at fault to blame for the accident.

If you have any queries about a potential claim of any kind, call our claims team free from a landline or mobile on 0800 634 7575. We will talk you through your claim and, if accepted, make sure that you receive the most compensation possible to give you peace of mind and help ease any financial worries you might have suffered as a result of your injury.


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