Student drivers often have large yellow signs or stickers on their cars to inform others that they are still learning as they drive with an instructor. Most of the time, this goes well. Even if the student makes mistakes, as they likely will while learning, it happens in a controlled setting and accidents are avoided.
But not always. What if a student driver runs a stop sign, for instance, and hits your car? Who is liable for that accident?
The company should carry insurance
First and foremost, driving schools tend to carry comprehensive insurance. It should cover the vehicles that they use and anyone who is in them. Even if the student was the one who made the mistake and caused the crash, you may be able to make your claim against the school and then the insurance policy will cover the damages.
It is possible for either the student or the instructor to be liable. For instance, if the instructor told the student to slow down and they intentionally ignored that instruction and ran the stop sign, that’s clearly the student’s fault. However, if the instructor was not paying attention and was negligent in their duty to prevent accidents — many instructor vehicles have built-in brakes on the passenger side for this purpose — then it could be their fault. This may matter if you have to sue either individual directly — or both of them — but, again, the insurance from the school should theoretically cover everything if it was set up properly.
Seeking the compensation you deserve
Getting into a traffic accident can come with a large financial toll. You need to know how to seek proper compensation for your injuries and other losses. Talk to an attorney before you talk to the insurance company.