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ChristineO

HI There, I was involved in a car accident, the other party was found liable however it is now being taken to the disputes tribunal as there not accepting liabilitty and are claiming i was at fault as i am a learner driver and have only been on the road for 9months and was travelling with my mother and children in the car at the time my question is do you think i will be found at fault because of my license status or does that not matter as the police claimed they were liable, i also read that if my license status was not a contributing factor to the accident then i will be okay? is this true please help :) Thanks

Anon

If the police have already stated the other party was at fault, in the police report, then I cannot see why you should be too concerned. As long as you have adhered to the conditions of driving a vehicle with a learners licence; L-Plates displayed, Supervisor in the front passenger seat, Supervisor conditions are met, etc.., then I cannot see any reason that you would be found liable unless the facts/evidence of the cause of the accident are stacked up against you.

ChristineO

I wasn't found liable but I wasn't following the terms of my license at all so now I'm worried that that will make me liable? If that makes sense like can my license status be used as a cause for the accident? Due to my experience? Thanx again

ABayliss

If the other party was found to be at fault by the police, a breach of your license conditions (presumably, your mother is unlicensed?) should not be a factor as it was not the cause of the accident.
Ulitimately, if the matter is being taken to the Disputes Tribunal, the arbitrator will make a decision. However, if the facts are as you have described, it is unlikely that the arbitrator will reach a different conclusion to the police.

flamemzo

Hi i was in the same situation. I was driving without a full licensed driver beside me and no L plates, my car broke down so i turned on my hazard lights and pulled up to the side of the road. Then another car hit me from the back. I have been driving with my learners for more than a year. I have not filed a police report because the driver at fault agreed to pay for damages. It has been over a month now with no luck in getting hold of the driver at fault (he just keeps making excuses and failing to meet up and sort things out, wont answer my calls, have even given him the chance to come with his own panel beater to see if damage can be fixed at a cheaper price, but he never came), now i want to go to the police and take legal action. My question is, do i have any chance of losing my case since i only had a learners license and was not following the learner's permit rules? Could i possibly be given blame for the accident because i was not driving with a full licensed driver and had no L plates? Please help!

ABayliss

If the other party hit you from behind, it is almost certainly their fault. As the other party agreed to pay for the damage, then it's an admission of liability, so if you cannot resolve this between you, the best course of action may be to take the matter to the Disputes Tribunal.
They can be contacted on 0800 367 6838.

flamemzo

Thank u for your help! So can i gaurantee that in this situation, my learner's driver license is not a contributing factor to the accident and therefore am not liable to pay for the damages at all?

ABayliss

There are no guarantees in life, however, there have been plenty of accidents in the past that this situation applies to. Based on those and the circumstances as you have described, it would seem most unlikely that you would be held responsible.