Who is Liable if a Driver's Ed Student Crashes?

When an unlicensed driver is out on the road learning how to drive (alongside an instructor), things can get a little complicated when it comes to liability for a car accident. If you’re involved in this kind of accident, your options might include bringing an insurance claim or personal injury lawsuit against:
  • the instructor for his or her careless supervision or instruction, or
  • the driving school for the negligent actions of its employees, or for its failure to properly maintain its vehicles.

Let’s take a closer look at each of these options.

Claims Against the Student Driver

Should a driver’s ed student’s carelessness cause your accident, you may be able to seek compensation for your injuries from the student -- or his or her insurer -- directly. Your insurance claim or lawsuit would follow a liability theory called "negligence." Basically, if the student was not driving in a reasonably safe manner based on the circumstances, and caused a traffic accident, the student can be held liable for any injuries and vehicle damage stemming from the crash. Even when students are learning how to drive, if they’re out on the roads and highways they still have a legal duty to drive in a reasonably safe manner. That means obeying stop signs and traffic signals, checking blind spots before changing lanes, yielding correctly, and obeying posted speed limits.

While it's unlikely that the student driver has his or her own car insurance policy, if it's a teen student, chances are he or she is a covered driverunder a parent or guardian's car insurance policy. Read more about the Who is Liable if a Driver's Ed...

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28 May 2018

By https://www.nolo.com