Kerbed wheel during driving test - Instructor liable?
Discussion
A few weeks ago my 18yr old son son kerbed the alloy wheel of his driving instructors car during his driving test (taking evasive action when an oncoming car encroached over the white lines and into his lane), obviously resulting in a fail. For the day of the test the instructors usual learner car was in the garage for repair so the instructor had hired a car for my sons pre-test lesson, and his test that followed.
My son tells me that his instructor has since mentioned a few times that the hire car company are obviously charging him for the repair to the alloy wheel, but said to him in a way that makes my son think he's going to expect him to pay for the damage. I've told my lad to tell him to shove any such request where the sun don't shine.
I expect the instructor or his insurance to be liable, regardless of it being a hire car. Even if the instructor didn't have the required level of insurance cover during the hire period, I reckon the instructor is liable as part of his business, with the onus is on him to have adequate insurance to cover such eventuality unless agreed otherwise with my son (which it wasn't).
What say the world of PH?
My son tells me that his instructor has since mentioned a few times that the hire car company are obviously charging him for the repair to the alloy wheel, but said to him in a way that makes my son think he's going to expect him to pay for the damage. I've told my lad to tell him to shove any such request where the sun don't shine.
I expect the instructor or his insurance to be liable, regardless of it being a hire car. Even if the instructor didn't have the required level of insurance cover during the hire period, I reckon the instructor is liable as part of his business, with the onus is on him to have adequate insurance to cover such eventuality unless agreed otherwise with my son (which it wasn't).
What say the world of PH?
The Gauge said:
I expect the instructor or his insurance to be liable
You might do well to read whatever contract exists between the learner driver and the instructor.The normal approach when a learner is involved in an incident is that BOTH people were driving, unless the learner has completely gone off on a bender.
How are lessons etc booked? Is it online or by phone? If online check if there is any terms and conditions. If by phone check original contract.
Personally I would think the instructor should pay as part of the risks of being an instructor and allowing learners to drive. But there might be a contract that says different
Personally I would think the instructor should pay as part of the risks of being an instructor and allowing learners to drive. But there might be a contract that says different
If I damaged someone’s car I would want to get it sorted for them. I I kerb a wheel I would pay £100 and get it refurbished. This is the nice person thing to do. If you don’t want to do that then look at what is contractual.
It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
If it was truly the other cars fault then their insurance may be at risk too.
It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
If it was truly the other cars fault then their insurance may be at risk too.
It’s either the problem of the other driver of the evasive was really needed, or son overreacting
In neither circumstance if I were in his shoes would I blame my instructor who wasn’t in the car with me.
If your son is old enough to drive, irrelevant of contract with instructor, he hit curb, he take responsibility.
Sometimes as a driver other drivers cost you money, it sucks, but you have to accept these risks when you get behind the wheel.
Show your son taking responsibility, not shirking it, is the measure of an adult IMO.
In neither circumstance if I were in his shoes would I blame my instructor who wasn’t in the car with me.
If your son is old enough to drive, irrelevant of contract with instructor, he hit curb, he take responsibility.
Sometimes as a driver other drivers cost you money, it sucks, but you have to accept these risks when you get behind the wheel.
Show your son taking responsibility, not shirking it, is the measure of an adult IMO.
Wacky Racer said:
An Instructor instructs,
An Examiner examines.
Two different people.
Who failed him, and for what?
I did wonder why he would fail if another car crossed the white line forcing him to swerve and hit the kerb. Or is any accident on a test a fail regardless of who caused it?An Examiner examines.
Two different people.
Who failed him, and for what?
Simpo Two said:
Wacky Racer said:
An Instructor instructs,
An Examiner examines.
Two different people.
Who failed him, and for what?
I did wonder why he would fail if another car crossed the white line forcing him to swerve and hit the kerb. Or is any accident on a test a fail regardless of who caused it?An Examiner examines.
Two different people.
Who failed him, and for what?
I have heard of people failing bike tests where a motorist makes them swerve etc and end up dropping the bike…I think it is the opinion of the examiner as to how you dealt with the problem or hazard.
Simpo Two said:
I did wonder why he would fail if another car crossed the white line forcing him to swerve and hit the kerb. Or is any accident on a test a fail regardless of who caused it?
There was no other car 'forcing' the OPs son to hit the kerb, that's why he failed his test.No 18yr old kid has ever told the truth after they have failed the test.
Caddyshack said:
If I damaged someone’s car I would want to get it sorted for them. I I kerb a wheel I would pay £100 and get it refurbished. This is the nice person thing to do. If you don’t want to do that then look at what is contractual.
It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
Glad it's not just me then
Caddyshack said:
If I damaged someone’s car I would want to get it sorted for them. I I kerb a wheel I would pay £100 and get it refurbished. This is the nice person thing to do. If you don’t want to do that then look at what is contractual.
It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
If it was truly the other cars fault then their insurance may be at risk too.
Eh, if a pupil has paid for a test as well as use of the instructor's car then isn't there an obligation on the instructor to provide a car at the appointed date and time?It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
If it was truly the other cars fault then their insurance may be at risk too.
stuthemongoose said:
It’s either the problem of the other driver of the evasive was really needed, or son overreacting
In neither circumstance if I were in his shoes would I blame my instructor who wasn’t in the car with me.
If your son is old enough to drive, irrelevant of contract with instructor, he hit curb, he take responsibility.
Sometimes as a driver other drivers cost you money, it sucks, but you have to accept these risks when you get behind the wheel.
Show your son taking responsibility, not shirking it, is the measure of an adult IMO.
What a load of bIn neither circumstance if I were in his shoes would I blame my instructor who wasn’t in the car with me.
If your son is old enough to drive, irrelevant of contract with instructor, he hit curb, he take responsibility.
Sometimes as a driver other drivers cost you money, it sucks, but you have to accept these risks when you get behind the wheel.
Show your son taking responsibility, not shirking it, is the measure of an adult IMO.
ks, would you say the above about using your insurance to pay for some damage, no of course you wouldn't. Chances are part of this lads hourly payments with his instructor for his lessons are for situations like this, insurance against damage.
ConzoGee said:
Just on another note surely no car hire company would allow their car to be used by a learner in my experience.. I work for one of the large main brand rental companies and this is a big no no. Anyone who drives our cars must have had their license for a minimum of a year regardless of insurance or not.
Sounds like the instructor could be in the wrong here
You can hire dual control cars for learners (have done this briefly but I do not recommend teaching learners if it's not your job, cannot say this strongly enough) so I imagine (without knowing it) that either they allow those on driving tests too OR you can hire driving test ones as well somewhere. Sounds like the instructor could be in the wrong here
The Gauge said:
A few weeks ago my 18yr old son son kerbed the alloy wheel of his driving instructors car during his driving test (taking evasive action when an oncoming car encroached over the white lines and into his lane), obviously resulting in a fail. For the day of the test the instructors usual learner car was in the garage for repair so the instructor had hired a car for my sons pre-test lesson, and his test that followed.
My son tells me that his instructor has since mentioned a few times that the hire car company are obviously charging him for the repair to the alloy wheel, but said to him in a way that makes my son think he's going to expect him to pay for the damage. I've told my lad to tell him to shove any such request where the sun don't shine.
I expect the instructor or his insurance to be liable, regardless of it being a hire car. Even if the instructor didn't have the required level of insurance cover during the hire period, I reckon the instructor is liable as part of his business, with the onus is on him to have adequate insurance to cover such eventuality unless agreed otherwise with my son (which it wasn't).
What say the world of PH?
How about I borrow your car, drive it into a really big tree and then tell you to shove any request you might make for recompense 'where the sun don't shine'. You've got insurance, surely. My son tells me that his instructor has since mentioned a few times that the hire car company are obviously charging him for the repair to the alloy wheel, but said to him in a way that makes my son think he's going to expect him to pay for the damage. I've told my lad to tell him to shove any such request where the sun don't shine.
I expect the instructor or his insurance to be liable, regardless of it being a hire car. Even if the instructor didn't have the required level of insurance cover during the hire period, I reckon the instructor is liable as part of his business, with the onus is on him to have adequate insurance to cover such eventuality unless agreed otherwise with my son (which it wasn't).
What say the world of PH?
skyebear said:
Caddyshack said:
If I damaged someone’s car I would want to get it sorted for them. I I kerb a wheel I would pay £100 and get it refurbished. This is the nice person thing to do. If you don’t want to do that then look at what is contractual.
It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
If it was truly the other cars fault then their insurance may be at risk too.
Eh, if a pupil has paid for a test as well as use of the instructor's car then isn't there an obligation on the instructor to provide a car at the appointed date and time?It sounds like the instructor went out of their way to hire a car and not let your son down, they could have just cancelled and that causes your son a hassle as tests are hard to come by….seems off to them tell them to do one when he caused the damage.
If it was truly the other cars fault then their insurance may be at risk too.
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