Unaccomanpied Learner in a Crash?

BobMc

Hey Gang, want to pick your brains on a hypothetical scenario, Unaccompanied learner driver, involved in an accident with a pedestrian,

how does one stand regards

1) the guards and driving unaccompanied
2) their insurance insisting they not drive again unaccompanied (till matter is resolved, not being insured at all if doing so etc)
3) continuing to drive unaccompanied and being reported to the guards (should they be warning him/her etc)

any comments, experiences

corktina

What can we say? She should be arrested and charged (not warned).She's already hit one pedestrian. Keep reporting her to the Gards until they take action.

Michael D Not Higgins

Arrested, and a driving ban.

Cleveland Hot Pocket

Insurance is valid, they cannot remove 3rd party liability unless it specifically states this in the policy document.

You She will be prosecuted for driving unaccompanied and rightly so IMO.

Breffnigolfer

Why get excited about a hypothetical situation?

BobMc

Breffnigolfer wrote: »

Why get excited about a hypothetical situation?

(hypothetical) as in I'm not involved (but a real situation), just curious as to how it should be dealt with, most concerned to be honest about the continuing to drive while unaccompanied

kirving

Obviously I don't know the specifics, and also that she legally shouldn't be driving alone, but we all see pedestrians every day of the week that jaywalk, and have zero regard for their own safety. She could pass her test tomorrow, but until she does, she's breaking the law.

Not encouraging driving unaccompanied, but I think that anyone caught driving alone should be made to sit a within a day or two, and be a assessed on the safety aspects of their driving. If they pass, small fine for breaking the law, if they fail, big fine for being a danger to others.

ION08

BobMc wrote: »

(hypothertical) as in I'm not involved (but a real situation), just curious as to how it should be dealt with, most concerned to be honest about the continuing to drive while unaccompanied

Might want to grab a dictionary there!

BobMc

Me bad typing to fest ☺ fast

cml387

I'm not exactly sure what answers you are looking for OP.

They shouldn't be dong a bad thing and should try to do good things.

That's about it really.

BobMc

Just looking for some insight as to how others feel re doing the right thing vs the wrong thing, as it stands, I believe the wrong thing is being done

Michael D Not Higgins

BobMc wrote: »

Me bad typing to fest ☺ fast

Think he might have been pointing out the definition of hypothetical rather than the spelling.

OldNotWIse

BobMc wrote: »

Just looking for some insight as to how others feel re doing the right thing vs the wrong thing, as it stands, I believe the wrong thing is being done

I thought you were looking for actual information wrt gardai, insurers etc s opposed to our opinions?

biko

This hypothetical situation doesn't appear to be hypothetical at all.

Kensington

BobMc wrote: »

Hey Gang, want to pick your brains on a hypothetical scenario, Unaccompanied learner driver, involved in an accident with a pedestrian,

how does one stand regards

1) the guards and driving unaccompanied
2) their insurance insisting they not drive again unaccompanied (till matter is resolved, not being insured at all if doing so etc)
3) continuing to drive unaccompanied and being reported to the guards (should they be warning him/her etc)

any comments, experiences

1) you can be fined up to €2000 and up to three months jail.
2) insurance can argue you are not driving according to the terms of your policy and your insurance is therefore invalid (or partially invalid).
3) as per 1), you can be fined up to €2000 again and up to three months jail, I imagine the jailtime would become far more likely if it was a second or subsequent offence.

seagull

The insurance company have to pay out the third party claim, but can then sue the insured party to get their money back if they are sufficiently in breach of their insurance contract.

Cleveland Hot Pocket

seagull wrote: »

The insurance company have to pay out the third party claim, but can then sue the insured party to get their money back if they are sufficiently in breach of their insurance contract.

Which they are not, unless in the T's&C's of the policy document there is a disclaimer that cover does not apply for unaccompanied learners.
Most insurers don't have this.

Alanstrainor

Cleveland Hot Pocket wrote: »

Which they are not, unless in the T's&C's of the policy document there is a disclaimer that cover does not apply for unaccompanied learners.
Most insurers don't have this.

Yup, most do not have this as a clause.

As with all insurance related threads, careful review of policy docs and if necessary calls to the insurer are needed. But from what we've heard from the OP...i presume this person won't be doing so...

Cleveland Hot Pocket

Alanstrainor wrote: »

Yup, most do not have this as a clause.

As with all insurance related threads, careful review of policy docs and if necessary calls to the insurer are needed. But from what we've heard from the OP...i presume this person (this person's friend)won't be doing so...

fyp :cool:

Henry Ford III

3rd party insurance will always be in force, so any injuries to the pedestrian will be covered (assuming driver was at fault).

Gardai can (and should) prosecute for driving unaccompanied.

Continuing drive unaccompanied is taking really the mick.

TwoShedsJackson

BobMc wrote: »

Just looking for some insight as to how others feel re doing the right thing vs the wrong thing, as it stands, I believe the wrong thing is being done

Why do you believe that?

BobMc

thanks All, this was an incident that happened not a million miles from home,
I'm not involved, & dont know the driver.

was just interested to know, what thoughts people may or may not have re the idea of it regards the still driving etc the learner aspect and the insurance implication re continuing to drive etc etc

BobMc

TwoShedsJackson wrote: »

Why do you believe that?

because the rules state a learner should be accompanied by a fully licenced driver, I believe the incident is mainly down to inexperience on the part of the driver