Accident while having Learners
 

Hey guys,

I got a question. If you get into an accident with someone elses car and you only have your Learners, what happens if the person you hit reports the accident?

That depends.

Were you driving with someone that is a qualified supervisor? Ie, has a full class 5 and is 25 or older.

And lastly if what type of insurance does that person have? If it is a plan that is for him and not for Class 7L drivers like yourself, ICBC will rape you.

If the above criteria are not met, you can expect ICBC to void the insurance and you will be responsible for EVERYTHING. That is only the tip of the iceberg.

There was no qualified supervisor and the insurance doesn't cover her. so what would happen to her? what other option does she have?

Then she doesnt have insurance. ICBC will pay for the other persons repair under that persons "under/uninsured motorist protection" and then will sue your friend. Your friend can also be charged by the police for a variety of charges.

She is going to be bent over and screwed.

If the other person in the car decides to report this to ICBC, ICBC will pay for pretty much everything the person is claiming for. This can be and not limited to the damage on the car (both), injuries sustained via the accident and fees for penalties. Then after that, ICBC will proceed to sue your friend for everything she is worth.

Oh and if the police wanted to, they can charge with a a slew of violations like driving contrary to restriction, driving without insurance, etc...

She really has no options. She can pray that this can be settled outside but the person she hit has so much leverage in this situation it isn't even funny.

^ Don't scare her... The outcome depends on whether she accidentally the whole thing.

I'm only providing a scenario...

The other scenario is that nothing happens and this all blows over.

But I don't think that's what the OP was after. I think he was looking for the possibilities.

I read your post three times and I still don't quite understand what you meant to say in the second part.

you never saw the "accidentally the whole thing" thread that was posted a while back in OT?

Apparently not....

:lol

Link please?

what happens if she wasn't the cause of the accident (ex. some guy rear ended her), would ICBC still own her?

Yes.

An uninsured vehicle on the road is still an uninsured vehicle. In other words, it should not be driven and she technically does not have a valid license.

If you were ICBC, wouldn't you make the same call?

^ Depends on the guy working the case.

Minimal Line would be the ticket for driving without a valid license (or breach of license restriction... it's called something like that, can't remember what exactly)

Its possible to be added on driving without an insurance that covers her, and license suspension. A guy I went to school with drove without a license, got pulled over, and got his license suspended. Needs to wait 3 or 6 months and restart the 12 month L process.

so if she were to deal with this outside and pay for everything, what would be a good way to make sure that the victim of the car accident doesnt go and report to icbc? this situation is pretty messed.

Well the other party has to be willing to do so, and there'd most likely have to be an incentive for them for doing your friend a favour.

The other party can easily get hermoney, then still report it to ICBC and furthermore widening the asshole... so it's a pretty dangerous bet. You can't really make sure they won't report it... depends on how they are I guess.
I personally wouldn't care too much as long as they fix my car back to exactly the way it was

yeah i dont know why the other party is being so difficult. she already offered to pay for all damages plus some extra money on top.
She suggested to make a contract for both parties to sign to make sure they dont go to icbc. haha do you think that would even work?

If you can somehow get them to sign maybe... but I'm not sure if its legal or not to not go through ICBC. I don't see why it can't be... but when I got into an accident a police officer stopped to check on us and kept reminding us that we "have to" go through ICBC.

Accidents over a certain damage amount have to be reported to ICBC. This is for when you sell the vehicle, there will be a record of the accident so you can't lie and say that there was no accident. Mind you, if there is no witness and both parties agree to settle this themselves (ie. friend hits friend's car), then there really is no way for ICBC to know. However, it is always safer to report to ICBC if you are sure you are not at fault, so it is the other party's best interest to report it to ICBC. If it's a low velocity accident, then it shouldn't be too bad as they cannot claim pain and suffering for an accident that ICBC deems to be a low velocity accident. If this is the case, then your friend should just go through ICBC and she has the option of paying for the damages on the other car out of her own pocket and her insurance won't take a hit. However, I don't know how it works in thei particular case as the insurance on her car should be voided by her not following the restrictions. Not sure how helpful this is, but if the other party already called ICBC, then she has no choice and will have to report to ICBC. However, regardless, she can offer to pay for the damages and her insurance won't go up. You just have to be careful if it's not a low velocity impact as the pain and suffering claims can really kill your wallet.

Sort of the answer.

There is an old saying that is true for our court system. You can't go into court with dirty/bloody hands. In other words, you can't break the law and expect the law to be reinforced when it is broken for you.

Your friend is basically screwed. I can understand why the other party is being so difficult as they are looking out for what is best for them. If they go through ICBC, they know it is and will be comprehensive. Whereas if they just go through your friend, they are really limiting their sources.

As for hchang's depends on the guy working the case, it doesn't. It is pretty much standardized unless the circumstances are different.

If the total involved damage was over $1000 then it MUST be reported. If I was the other driver involved, I would certainly report it to ICBC, even if it was under the $1000. A tiny door ding these days will run over a grand in a second. On the back of every ICBC registration /insurance sheet is some vital info in red print surrounded by a red border. Part 3 says that they " may invalidate the certificate" if the car is illegaly operated, as she was doing. The driver fully knew she/he was breaking the law and the crash showed one of the reasons she should NOT have been driving unsupervised. No sympathy from me or anyone else who will end up paying for what happened in OUR premiums. Even IF she/he was not at fault in the crash, all this stuff does apply just the same.

She's going to lose her license and not going to be able to drive for a long time, that's what... if it's reported.

yea... and don't forget if the other party decides to sue... then she'll really be in trouble.

I am out of word.

I hate to say it, but i can see why the other person is being difficult. Dealing with it outside of ICBC you can never be sure all your damages will be covered. people I know have been nice and done this with others in the past and been burnt. They were given excuses of why they didn't have the money, and became very hard to get ahold of. Unfortunatley the longer you wait the harder it is for ICBC to know for sure what damages were caused during that accident. I won't ever settle anything outside of ICBC as if the claim is small enough I can just pay it off in full to ICBC. This way too if I'm not at fault I know that it will be dealt with and I'm not wasting my valuable time trying to chase someone down.