How many passengers can a learner driver take in Vic? Been in an accident, other car is mad at us!!

Lbargain hunter girl on 29/12/2016 - 22:02
Last edited 29/12/2016 - 22:50 by 1 other user

How many passengers can a learner driver in Victoria take in a five seated car?
I always thought it was as many as the car can legally seat, or if the other passengers are blood relatives.

My brother who is a learner driver has been involved in a car accident. My dad was in the passenger seat as the supervisor (he is fully licensed and had a zero BAC level) and I was also in the car, sitting in the back seat.

Brother drove to do a u-turn, forgot to head check and we hit the side of a passing car. The other driver went ballistic throwing swear words at us and my dad went out to calm him down, as my brother was quite traumatised. We admitted to the accident, dad explaining to him that my brother had little driving experience. I took a quick photo of his rejo, and his face just incase he decided to run off. Because both cars weren't horribly damaged, both just coped dints, dad and the driver decided to drive into a street to talk. We exchanged details, they were speaking Chinese so I couldn't understand clearly since I'm not fluent, but the guy was really hostile, full on glaring and saying we were wrong (stating the obvious) and that he was mad. I mean I wouldn't blame him. Dad said we could organise with our insurance to solve the problem since we have third party insurance, since dad knew that we could be involved in an accident since my brother and I just started learning to drive. Luckily the guys wife who was also a passenger in his car calmed him down, we went our own ways.

Hours go by, the guy calls dad and says that he saw another passenger (me, I was on my phone making sure I got a good photo of him incase he decided to bolt, this happened to mum before, turned out the lady didn't have a license so lesson learned) and said that if he called the cops we would be in trouble. I reckon he just wants us to suffer or whatever because we hit his car even though we admitted it. Don't know what he wants from us, but I just need to know the correct details of passenger numbers since I can't find anything from the Vicroads website. I just need a good backup of opinions and resources so we can let the guy know that he is possibly giving us false info so that he can get what he wants, probably some money for a new car since his looked fairly old anyway. I have submitted an enquiry to Vicroads to hopefully get a response to fireback at him, and I will ask my instructor tomorrow.

Thanks, please let me know what you would do, much appreciated.

Automotive

Comments

  • shapers on 29/12/2016 - 22:13
    +9

    No passenger restrictions for learners, dont blame him for being upset at the time of the accident but he needs to get over it and move on..

  • kzrocky on 29/12/2016 - 22:30

    When you do a U turn and there is an accident the driver of that car is at fault, in this case the dad in the driver in charge not the learner.
    I reckon that you photo-ed him (you didnt need to because you were at ault) and probably made is obvious would have pissed me off too. Dont really know why you did this because it was your fault anyway.
    THe driver in control, i.e your dad will have to cop it.

    Your only chance out of this is if the other driver doesnt have a license.
    If they have no license then you win.

  • Ughhh on 29/12/2016 - 22:53
    +1

    said that if he called the cops we would be in trouble.

    For having more than 1 passenger in the car? That might only apply to a car full of teenagers (hoon driving) and possibly at night time.

    possibly giving us false info so that he can get what he wants, probably some money for a new car since his looked fairly old anyway.

    If you're going through insurance, insurance will decide how much to give them.

    I just need a good backup of opinions and resources so we can let the guy know that he is possibly giving us false info

    Once you've lodged a claim with your insurance, I wouldn't bother contacting them again to be honest. Wouldn't even bother picking up the phone. My guess is he'll try to threaten you more and intimidate you.

  • Name on 29/12/2016 - 23:02
    +1

    I don't think the other guy understands what's going on. I have no idea why he is calling up and threatening to report you. It sounds like the actions of someone who doesn't think they're going to be paid.

    I wouldn't bother correcting him with vicroads, it'll only escalate the situation. Find out for your own piece of mind if you must. If he is starting to hassle you and become a little obsessed over it, just calmly tell him your insurance is dealing with it and from now on don't contact you again, speak directly to the insurance company as they'll be the ones who will be making payment, not you.

    He'll probably calm down once he has slept on it.

  • [Deactivated] on 29/12/2016 - 23:15
    +2

    What others have said, let the insurance company deal with it.

    If he wants to go to the police, he is well within his rights to do so. Don't try to talk him out of it.

    If he keeps threatening or harrasing you, go to the police yourself.

  • xoom on 29/12/2016 - 23:17
    +1

    Yeah maybe he has no license or registration lapsed thats why he was full on threatening and harassing your dad. Just the thought.

  • subywagon on 30/12/2016 - 00:12
    +2

    Call in some bikies.

  • sator on 30/12/2016 - 00:18

    Road rage and general poor anger management issues very common. Don't fret it.

    In regards to the law, you're fine as there's no passenger restriction for an accompanied 'L' plater.
    You're mistaking L restrictions with restrictions on P1 drivers. P1 aren't allowed more than 1 peer passenger (16-22 yrs old) unless family e.g. spouse…

    I'm quite paranoid myself, I photograph vehicles in-situ, close up of damage, rego, and VIN# if possible (to account for fake/stolen plates).
    However, as another poster has mentioned, you guys are fully responsible and you have admitted to it, there's no need to try to confirm the other party's identity. If they ran off, then good for you, as you might not even have to go through insurance if the damage is small enough.

    Hope that helps

  • chinezejew on 30/12/2016 - 00:37
    1. Call own insurance.
    2. Explain incident. Provide concise details. Own up fault, pay fee to access insurance policy, obtain claim number.
    3. Txt claim number to other party.

    You shouldn't have to speak to the people you hit again.

    Noone was hurt. All ok.

  • trustnoone on 30/12/2016 - 07:12

    Shouldn't you call the cops for any fairly large road accident? I'm assuming a big part of this is because the police would be able to witness the damage, also probably would've made it safer due to how the guy was acting?

    Never heard of there being a limit of passengers though in VIC so not something I'd be worried about. The fact that he threatened you with cops is more worrying, not that the cops would do something, but it almost sounded like he is trying to "blackmail" you in a way, like he is trying to gain the upper hand by "not going to the cops" even though that wasn't a fault.

    I'm worried he will do something dodgy like try to claim more damage or money then its worth (I've heard of people who go to specific mechanics because they are friends to get a bigger damage claim, though this is not done through insurance so maybe insurance has a third party mechanic to ensure this doesn't happen?). You were smart to take pictures of the damage, I highly commend you for that!

    Let insurance deal with it, thats the reason you pay them for. Honestly the biggest problem here is probably comforting your brother, I'll imagine he'll have trouble getting back into driving again after that. Though will be quite the lesson for him.

  • shaybisc on 30/12/2016 - 07:38
    +1

    I've never heard of learner drivers having passengers besides the supervisor before. Always assumed it was illegal but I see it's not- it should be- It is a very bad practice.

    • xoom on 30/12/2016 - 10:15
      +1

      always thought learner drivers are not allowed passengers except for someone with a full license acting as their instructor/supervisor.

      have to agree having extra passengers as a learner driver could be very distracting specially for someone just learning to drive.

  • ms_caz on 30/12/2016 - 08:04

    I know that the correct answer has already been given but here is the relevant web page

    https://www.vicroads.vic.gov.au/licences/your-ls/restriction…

  • itajac on 30/12/2016 - 08:57

    Road rage and general poor anger management issues very common. Don't fret it.
    In regards to the law, you're fine as there's no passenger restriction for an accompanied 'L' plater.

    This, he may be confusing plate rules.He may also be wanting your dad to not go through insurance?. Be careful that he does not request doing a "cashie" for damages incurred to his car.Let the insurance handle it, put claim through your insurance and maybe sms him the claim number and ask him to contact your insurance from now.

    All the best and good on you for doing all this on your brother and dad's behalf.

  • garffi on 30/12/2016 - 09:17

    Pretty sure you can have 4 other passengers with you as long as the person sitting in front (supervisor) is a full license. I've been doing that for the past 2 years so…
    As everyone already suggested, deal with them through insurance.

    He's probably the type of guy who gets piss mad in accidents whether it's his fault or not. He tries to intimidate you so you're scared of him and does everything he wants you to do. It's just a cover, he's doing this to make sure you pay up.

    I hope your brother recovers, good luck!

  • doctordv8 on 30/12/2016 - 10:33

    Without doing the guessing and assuming mistake, go to the ruling authority in the first and last instance.
    Try the Police/Licence issuing dept, then you will have the exact correct answer, first time every time.
    I think I know the answer, but I can not stand up in court and say 100%, which is what you need.

  • Herotype on 02/01/2017 - 12:50

    In terms of how many passengers as a learner driver you are just required to have a full licence as your supervisor and how ever many passengers your car can fit legally but obviously extra passengers can be a distraction but when I was on leaders I drove my family around all the time or a friend with a supervisor.

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