Who is liable for damage during driving lessons?

Questioner

Ir/Madam, Today during my driving lesson my instructor made me stop at a gas station because he had to go to the toilet. At his request the car was parked so far forward that a car behind us could easily fill up, but we blocked the T-junction in front. During the toilet visit I was waiting for him in the car. And after a few minutes a car joins in the back to refuel. However, that car can't drive away because I'm blocking its way. At the same time a car approaches on the left that wants to drive straight ahead, but can't pass because I'm also blocking its way. Both drivers wave me over, and from that point I start the engine (out of panic) and try to clear the way for the driver on the left. To my horror, I bump into the front of the rear driver while reversing. He then smiles and happily drives away in reverse (without getting out). A moment later, my instructor returns and I explain the situation immediately. He checks in the back whether the collision has caused any damage, and that indeed appears to be the case. He immediately indicates that I am responsible for the damage (possibly of both parties), and if it results in compensation, I will have to pay those costs. Because he was not there and had not given the order to drive forward or backward. In addition, he is of the opinion that I should have looked better in the rear view mirror, or should have called him in such a situation. Now my question is who was responsible for the damage sustained in this situation, and what will happen now. But especially what does it mean for getting my driver's license.

Lawyer

Your driving instructor should have made sure the car was parked safely and removed the key from the ignition before rushing to the toilet. By failing to do so, he is now liable for the damage caused by you as a student. The damage to the other vehicle is probably covered by your driving instructor's insurance, but he will have to pay for the damage to his own car himself (if it is not covered by his insurance). This will not affect your future driving licence, but you may have to look for another instructor.

Lawyer

It's annoying that something like this happens during your driving lesson. I remember that I always found the lessons exciting. In any case, you don't have to worry. As long as it is a driving lesson, the instructor is responsible. He was also responsible for you parking the car safely. That you acted yourself is good. With the car you obstructed free passage. In fact, it was your instructor himself who caused this situation. So the damage to the car is his problem. Maybe I should look for another driving school. If the instructor reacts like this, he is not a professional. Good luck with your driving test later.

Questioner

Thank you very much for the clear responses gentlemen! My questions have now been clearly answered. Unfortunately, to my knowledge, it is not (anymore) possible in my situation to change driving instructor and/or driving school. A written agreement has been signed and a package has been concluded. So it looks like I have nowhere to go..

Lawyer

Hi, an agreement can always be terminated, but it is mainly about the consequences that this entails for you. With a package like yours, it is indeed not in your interest to look for another driving school. In any case, you do not have to pay for the damage to the driving school car. Success