"Conor" wrote in message Firstly, unless the provisional driver jumped a red light, the oncoming person who hit them was at fault - 100%.
1) Yes.
No, they don't hold a licence to drive unsupervised. Every insurance certificate I have ever seen says in the persons or clbuttes of persons to drive section, 'provided that the person driving holds a licence to drive that vehicle'.
2) Yes.
Which contradicts your answer to question 1 and agrees with me and everyone else who has replied here and in the other NG were this question was posed.
3) No. 4) No. 5) Knowing how things go, I doubt there'll be any redress. Unless they catch them in the act, they can't prove beyond reasonable doubt that the driver was unsupervised.
Are you suggesting they should now lie about driving unsupervised? The person claiming to be the supervisor would also need to lie. That could be perjury if it went to Court and certainly fraud if by claiming the learner was supervised and therefore driving legally they could claim on insurance.
6) I wouldn't make any offer to the oncoming vehicle at all especially AS IT WAS THEIR FAULT FOR THE ACCIDENT.
If the insurance company gets involved they will want to know who was driving and supervising. To lie would be a criminal offence more serious than driving unsupervised. Once the insurance company of the other driver realises that the learner was driving unsupervised the learner will almost certainly be reported and lose their licence plus be fined. Even if the other driver caused the accident the unsupervised learner shouldn't have been driving.
Ian
