Learner licence holder accident.

Forums › Transport (cars, bikes and boats) › Learner licence holder accident.

tonygeekzone

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#323849 25-Jan-2026 14:55

I was involved in a accident with a learner licence holder, I was merging from the flush median, after merging into the lane I was sideswiped by the driver trying to overtake me on the inside of the lane, this driver was on a learner licence in breach with no supervisor or L plates being displayed, however the police have sent me an infringement notice for "failed to give way" I'm insured but I have to pay my excess, so is it possible for me to still be charged when the other driver is illegally driving on the road? Cheers

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#3455839 25-Jan-2026 15:02

Yes it's possible for you to be charged. Consider a more extreme case where a licenced driver in the wrong injures or kills an unlicensed or non-compliant driver and you'll see why that is the correct thing to do.

I'll guess you won't know if the other driver was charged with the related license infringements or not.

I'm not sure I understand the accident. The damage is on the right hand side of your car?

MadEngineer

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#3455840 25-Jan-2026 15:04

Unfortunately, regardless of what the other car was doing, you’ve failed to give way. There’s no law for whoever makes the biggest mistake is at fault.

The only exception would be if you could prove the actions of the other driver were not reasonably foreseeable

https://en.wikipedia.org/wiki/McCarthy_v_Wellington_City

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BlakJak

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#3455842 25-Jan-2026 15:12

The driver changing lanes is always at fault when two cars collide. You indicated the collision occurred after you were merged. If the learner was behind you they would be at fault, so long as that is true.

Other driver's license status is irrelevant to whether you were guilty of a driving infringement or not.

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tonygeekzone

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#3455844 25-Jan-2026 15:19

I was thinking that it would be, the police only look at it from their own assessment, however I dispute that I failed to give way, as I had already merged in the lane for 2 or 3 seconds before he took the opportunity to try and overtake on the inside lane, so I was sideswiped on my left side(from rear bumper to front) he's clearly decided to do this instead of slowing down and staying behind me as I heard the engine being gunned before impact, this was a 4X4 ute with like 32" wheels, I'm only a small vehicle so his tyres did all the damages, but I'm now wondering what the insurance company is going to think, at no time did the police take a statement from me as to what happened, they have gone on what the other driver has basically said, even tho he's in breach and obviously hasn't the experience to have overtaken on the inside, it wasn't his vehicle as well (father's company vehicle)

tonygeekzone

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#3455845 25-Jan-2026 15:22

"Other driver's license status is irrelevant to whether you were guilty of a driving infringement or not." Yeah got it, unfortunately! but as I say I dispute I did anything wrong, as I'd already merged, but again no one asked for a statement from me, I just got the infringement in the mail 1 week after it happened..

tweake

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#3455847 25-Jan-2026 15:42

this is why we have dashcams.

police are also known to simply charge everyone and let the courts decide. i can imagen they don't want to put the effort in with small incidents. you can also bet the other driver fabricated a story which police can't easily disprove.

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jarledb

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#3455848 25-Jan-2026 15:50

tweake:

this is why we have dashcams.

I wouldn't drive without a dashcam in NZ. Given people can drive around with any insurance, and that they would be personally liable for damage in a crash, I want all the evidence I could possible get to be able to prove who was at fault if I get in a crash.

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gzt

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#3455849 25-Jan-2026 15:52

tonygeekzone: I was thinking that it would be, the police only look at it from their own assessment, however I dispute that I failed to give way, as I had already merged in the lane for 2 or 3 seconds before he took the opportunity to try and overtake on the inside lane, so I was sideswiped on my left side(from rear bumper to front)

Ok, you mean he was overtaking in the outside lane, the lane to your left.

he's clearly decided to do this instead of slowing down and staying behind me as I heard the engine being gunned before impact, this was a 4X4 ute with like 32" wheels, I'm only a small vehicle so his tyres did all the damages,

Here's the thing - there's no obligation for someone to slow down just because you want to merge. That is probably the basis for the police decision. That may be totally unfair in a case where an inexperienced driver in a high powered vehicle has made a reckless decision to accelerate and prevent a merge, but that may have been coincidental.

but I'm now wondering what the insurance company is going to think, at no time did the police take a statement from me as to what happened, they have gone on what the other driver has basically said, even tho he's in breach and obviously hasn't the experience to have overtaken on the inside, it wasn't his vehicle as well (father's company vehicle)

The insurance company won't really care in this case. These kinds of borderline cases are common. It's just an accident.

BlakJak

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#3455851 25-Jan-2026 16:22

tonygeekzone:

"Other driver's license status is irrelevant to whether you were guilty of a driving infringement or not." Yeah got it, unfortunately! but as I say I dispute I did anything wrong, as I'd already merged, but again no one asked for a statement from me, I just got the infringement in the mail 1 week after it happened..

If the residual is that the Police's version of events don't line up with yours, you can (and should) contest any infringement notice. They're only as good as the information they have.
Interesting that they'd issue you an infringement without getting your story, but they're probably relying on 'the system'.

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Goosey

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#3455852 25-Jan-2026 16:27

Did the police attend?

I dont get how they would post you an infringement?

If they didnt attend, then what was the outcome with conversation with the other driver?

IF cops did attend, then what did they have to say? (sounds like cops didnt attend and the other driver has potted the first shot)??

Did you file a police report?

gzt

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#3455853 25-Jan-2026 16:40

Yeah, ultimately you have been given a ticket and you can contest that ticket in writing. It is possible they might reassess at that point. If not, then you can indicate you will contest it in court.

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Bung

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#3455857 25-Jan-2026 16:58

gzt:
tonygeekzone: I was thinking that it would be, the police only look at it from their own assessment, however I dispute that I failed to give way, as I had already merged in the lane for 2 or 3 seconds before he took the opportunity to try and overtake on the inside lane, so I was sideswiped on my left side(from rear bumper to front)

Ok, you mean he was overtaking in the outside lane, the lane to your left.

tonygeekzone, you have to be clearer in your description of how the following car hit you. There was only 1 lane and he tried passing your vehicle on the left. Was he using part of a cycle lane to do that?

tonygeekzone

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#3455868 25-Jan-2026 18:22

BlakJak:

If the residual is that the Police's version of events don't line up with yours, you can (and should) contest any infringement notice. They're only as good as the information they have.
Interesting that they'd issue you an infringement without getting your story, but they're probably relying on 'the system'.

Well I'm guessing it doesn't line up even tho I have no idea what the police version is, so I'd go with the "system" as in everyone gets a ticket in a situation like this?

BlakJak

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#3455871 25-Jan-2026 18:27

In my experience, if there's a motor vehicle accident and Police attend, their policy is that they'll issue some sort of infringement to whomever they believe was at fault.
You need to contest it if you believe the story was different. Then the judge gets to weigh the stories on their merits.
You may want to seek the advice of a lawyer (and not a geek forum) on that.

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tonygeekzone

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#3455873 25-Jan-2026 18:35

Goosey:

Did the police attend?

I dont get how they would post you an infringement?

If they didnt attend, then what was the outcome with conversation with the other driver?

IF cops did attend, then what did they have to say? (sounds like cops didnt attend and the other driver has potted the first shot)??

Did you file a police report?

Yes they did, just one by himself, as soon as he got there he asked who called (other driver) then told me to sit in my car and spoke to learner driver, then came to me and asked me if I pulled out from the median strip which I had, he just "look it's best to just exchange each other's details and inform your insurance company, that's it end of conversation, didn't even ask to see my licence or anything just name and address, the learner licence holder had already refused 3 times when I asked to see his ID for insurance purposes, it was the first thing I did for him, so the cop had to ask him to do so, it's then that we realised he was a learner licence holder.

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