NSW Car Accident with Driving Instructor's Car

[kcha1460]

Hi everyone,

My colleague's daughter 16 years old was having a driving lesson with an instructor and accidentally hit a boom gate in a parking area and damaged it.
The driving instructor is trying to tell my colleague to pay for the boom gate costs herself and that he doesn't want to claim it through his insurance because it will make his premiums higher
The driving instructor has insurance and in the car there is a brake pedal on his side.

Under these circumstances, should my colleague's daughter be liable to pay anything? Boom gate? Excess for the instructor's insurance? I would have thought that insurance is part of an instructor's responsibilities.
They found the driving instructor through ezlicence who say accidents are between learners and instructors. My colleague said there isn't any written policy/contract they can refer to.

Thanks in advance!

 

[Tim W]

...he doesn't want to claim it through his insurance because it will make his premiums higher

His insurance arrangements are of no concern to his customer.

When asked to pay - anything - this should be her reply....

"No"

 

[kcha1460]

Thank you for your reply.
I found the legislation regarding Driving Instructors Regulation

View - NSW legislation

10 Compulsory comprehensive motor vehicle insurance
(1) For the purposes of section 54C (3) of the Act, a comprehensive motor vehicle insurance policy required by section 54C (1) of the Act—
(a) must provide cover of at least $5,000,000 against any liability for damage to property caused by or arising out of the use of any motor vehicle to which the policy relates, and
(b) must indemnify each person for the time being receiving driving instruction or undertaking a driving test by means of or in connection with any such motor vehicle in relation to any damage (including any excess payable on a claim) arising out of the use of the motor vehicle, and
(c) must be maintained with a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.
(2) Transport for NSW may exempt a person from compliance with section 54C (1) of the Act.

 

[Tim W]

Thank you for your reply.
I found the legislation regarding Driving Instructors Regulation

View - NSW legislation

10 Compulsory comprehensive motor vehicle insurance
(1) For the purposes of section 54C (3) of the Act, a comprehensive motor vehicle insurance policy required by section 54C (1) of the Act—
(a) must provide cover of at least $5,000,000 against any liability for damage to property caused by or arising out of the use of any motor vehicle to which the policy relates, and
(b) must indemnify each person for the time being receiving driving instruction or undertaking a driving test by means of or in connection with any such motor vehicle in relation to any damage (including any excess payable on a claim) arising out of the use of the motor vehicle, and
(c) must be maintained with a corporation authorised under the Insurance Act 1973 of the Commonwealth to carry on insurance business.
(2) Transport for NSW may exempt a person from compliance with section 54C (1) of the Act.

Yeah. I'll give you odds to evens
that he doesn't actually have a policy of that kind.