By Joanne Jeffries. Last Updated July 8th 2022. Welcome to our driving lesson accident claims guide which explains learner driver accident responsibility. If you have been injured in a driving lesson crash while learning to drive at driving school, you might wonder ‘What happens if a learner driver has an accident?’ There is information here that could help. If you’re a driving instructor in a hit and run, or you’ve been hurt in a crash on your driving test, this learner driver accident responsibility guide could help. We answer questions such as ‘how much can I claim for injuries sustained on a driving lesson?’ and ‘What driving lesson damages could I receive for a learner driver crash?’ Plus, we explain ‘What happens if you crash during a driving test?” and ‘What happens if a student driver crashes?’Our top tips to claim compensation for learner driver accidents could also be useful.
Here, we will cover the law regarding learner drivers and their instructors, as well as describe the process of making a personal injury claim for an accident as a learner driver. We also discuss what compensation for a driving lesson accident you could receive.
Already know about learner driver accident responsibility?
However, if you believe you are ready to begin your claim now and wish to skip over this guide, you can call Accident Claims UK on 0800 073 8801 today. We can help you start your learner driver compensation claim whenever you’re ready.
Select A Section
- A Guide To Driving Lesson Accident And Injury Claims
- Liability In Accidents Involving A Learner Driver
- Learner Driver Accident Responsibility – The Law And Learner Drivers
- Can A Driving Instructor Be Accountable?
- What Happens If A third Party Is Involved In The Accident?
- Common Types Of Accidents During A Driving Lesson
- Compensation Claims For Driving Lesson Accidents
- Common Types Of Injury From A Road Traffic Accident
- What Should You Do If You Suffer An Injury Caused By A Driving Lesson Accident?
- Hit And Run Accidents Involving A Learner Driver
- Calculating Compensation Claims For A Driving Lesson Crash Involving A Learner Driver
- How To Start Your Personal Injury Claim For A Driving Lesson Crash
- No Win No Fee Driving Lesson Accident And Injury Claims
- Why Choose To Claim Compensation For A Driving Lesson Accident With Accident Claims UK?
- Start Your Claim Today For Injuries In An Accident As A Learner Driver
- Useful Links Relating To Compensation For A Driving Lesson Accident
A Guide To Driving Lesson Accident And Injury ClaimsIn this driving lesson accident claims guide, we’ll present you with the advice and information needed to make a driving lesson accident claim.
Under the eyes of the law, a learner driver is still supposed to execute due care and attention whilst driving. If they have a driving lesson accident, they can be held liable in most circumstances.
In some cases, the driving instructor can be held liable for their failure to prevent an accident. They are responsible for the vehicle being driven by the learner driver. Ultimately, if a driving lesson accident caused injury to a third-party and negligence was to blame, then a claim could be made.
Our guidance on learner driver accident responsibility
This guide will talk you through the process of making a claim due to a driving lesson accident. It covers information such as:
- How does the law approach the liability of a learner driver if they have been involved in a road traffic accident that they caused?
- How does the law govern learner drivers?
- Can a driving instructor can be liable for a car accident caused by a learner driver?
- How is the legal situation affected by the involvement of a third-party in an accident caused by a learner driver?
- What are the most common types of road traffic accidents that are caused by learner drivers?
- What should you do if you have been involved in an accident with a learner driver?
- How can you give yourself the best chance of winning compensation as part of a driving lesson accident claim?
- Information on hit and run accidents carried out by learner drivers.
- How much compensation might you receive as part of a driving lesson accident claim?
- What do you need to do next to begin making a driving lesson accident claim?
- How could the No Win No Fee personal injury claims service that Accident Claims UK offer work for you?
If you have any questions about the information provided in this driving lesson accident claims guide or need additional information, please call Accident Claims UK on the number at the bottom of this page and we will do our best to assist you.
Liability in Accidents Involving A Learner Driver
Before answering the question of ‘how much can I claim for a driving lesson injury?’, you’ll need to first ensure that you can prove liability before you can make driving lesson accident claims.
Even a learner driver on their first-ever driving lesson is expected to act in a responsible way towards other road users and display due care and attention. Driving experience does not factor into this duty to take care. If you are injured by a learner driver and they have failed to show due care and attention towards other road users, you could be able to claim compensation against them.
If you believe that you’ve been injured as a result of learner driver negligence, please call Accident Claims UK on the number at the bottom of this page, and we will be able to tell you whether you have grounds for a claim.
Learner Driver Accident Responsibility – The Law And Learner Drivers
To answer the question of ‘I was injured by a driver who caused a car accident during a driving lesson, who is negligent?’, it is important to know the law as it applies to learner drivers. This way, you can understand how driving lesson accident claims are made against learner drivers.
Learner driver accident responsibility explained
Every learner driver must display L plates on their vehicle and be supervised by a qualified driver over 21 years of age with a licence more than 3 years old. They must also ensure that the vehicle they are driving is safe, legal and fully insured.
Can A Driving Instructor Be Accountable?
In some cases, driving lesson accident claims can be made against the driving instructor responsible for the accident.
Learner driver accident responsibility – what is expected of a driving instructor?
The driving instructor or supervisor of the learner driver is expected to act as they would if they were in control of the vehicle themselves. In this sense, they must be sober, act responsibly and pay attention. What’s more, they must advise the learner of any mistakes that they make, such as speeding.
If the driving instructor or supervisor is found to have been in breach of this duty of care, it may be possible to claim against them for the injury that you sustained as a result. Please contact us at Accident Claims UK if you have any questions about this. In doing so, will be able to tell you whether we think the instructor is liable
Can I claim as a driving instructor in a hit and run accident?
If you were teaching a driving lesson and suffered injuries, you may be able to claim compensation. As a driving instructor in a hit and run accident, your claim could be made via the Motor Insurer’s Bureau. We could help with such claims.
How much could I claim as a driving instructor in a hit and run?
The amount you could claim would depend on the injuries you incurred. It could also depend on the damage caused by the accident. When you make a claim via the MIB, you could receive compensation for property damage as well as personal injury.
Can I sue a driving instructor for a hit and run?
Yes, just like any other road user, if the accident was their fault. The driving instructor has a responsibility to stop at the scene of an accident. They also have a duty of care to other road users.
If they breach that duty, causing injury to you, you could claim compensation.
What Happens if a Third Party is Involved in The Accident?
If a learner driver is involved in an accident during a driving lesson and another driver can be proven responsible for it, then liability would typically shift onto this third-party.
Regardless of the fact that a learner driver is inexperienced, if a third-party driver causes an accident, then the blame lies with them. They have the same responsibility of driving safely and responsibly as any other road user. In effect, the learner status of the driver has no impact on the liability of the third-party driver.
If you have sustained an injury in an accident involving both a learner driver and also one or more other drivers, you may not be sure who is liable to pay compensation for driving lesson accident claims. If you contact Accident Claims UK at the number at the bottom of this page, we will be able to help you decide where the liability for the injury lays.
Common Types of Accidents During a Driving Lesson
Inexperienced learner drivers have a propensity to be involved in accidents that are caused by a specific set of reasons, which more experienced drivers do not. These include:
- Risk-taking – inexperienced drivers tend to take more risks than older, more experienced
- Poor hazard assessment – inexperienced drivers lack the experience to make accurate evaluations of road hazards.
- Overconfidence – inexperienced drivers tend to overestimate their own deriving skill.
Furthermore, young and inexperienced drivers tend to do things that more experienced drivers do not. This could include talking on a phone, sending text messages, and driving while intoxicated.
If you have been injured in an accident with a learner or inexperienced driver, call Accident Claims UK. You can reach us on the number at the bottom of this page. We can help you make driving lesson accident claims.
Compensation Claims for Driving Lesson Accidents
To answer the question, ‘I crashed my driving instructor’s car am I liable to pay compensation?’, the answer will depend on the type of car accident and who was at fault. For every provisional driver accident that occurs, somebody is at fault and it is not always the learner driver themselves.
Learner driver accident responsibility explained
Here are some examples below that demonstrate the complexity of attributing blame:
- If the accident is caused by the driving instructor not remaining alert, the instructor is liable.
- If you are injured in an accident with a learner driver but another driver caused the accident, the other driver is liable.
- If you are involved in an accident with a learner driver, the instructor will generally be liable for not preventing the leaner from making a mistake.
- If you are involved in an accident with a learner driver and the learner driver has taken rash action that the instructor could not have prevented, the learner will be liable.
Is learner driver accident responsibility the same as that of a driving instructor?
If you’re injured as a learner driver in an accident that was partly due to your driving, your instructor could be held liable.
What to do when learner driver accident responsibility can’t be determined?
As we can see, apportioning blame in these kinds of accidents is far from clear-cut. Call Accident Claims UK today on the number at the bottom of this page so we can help you decide who is liable for your driving lesson accident claims.
Common Types of Injury from a Road Traffic Accident
If you are a learner driver involved in an accident in your driving instructor’s car, you could be held liable for any damage caused to the vehicle or any injuries to others, such as:
- Head injuries, including a concussion.
- Neck injuries due to whiplash.
- Back injuries due to excessive blunt trauma.
- Chest injuries, caused by a seat belt.
What Should You Do If You Suffer An Injury Caused By A Driving Lesson Accident?
If a learner driver caused an accident and you were injured as a result, you could be entitled to compensation. The steps below could help you make your claim:
- Take photographs of the scene of the accident, as well as the cars involved and their number plates.
- Gather the names and contact details of any witnesses to the accident.
- Make sure that the police have been informed of the accident.
- Get proper medical attention for any injuries.
Once you have taken these steps, please call Accident Claims UK so we can begin making your personal injury claim for you.
Driving Accident Statistics
In 2019, the government reported over 153,158 casualties on British roads that year alone. These casualties ranged from minor injuries to fatalities, with figures including:
- 1,752 road deaths
- 25,945 serious injuries
- 125,461 minor injuries
The figures for 2020 can be seen below. However, there has been some impact felt by the pandemic and subsequent lockdowns.
Whether you’ve sustained a minor injury or you’re the next of kin to a loved one that lost their life in a road traffic accident, you could be entitled to compensation. For more information on driving lesson accident claims and how our legal team could help you make one, please contact us at Accident Claims UK today.
Hit and Run Accidents Involving a Learner Driver
You can only claim driving lesson accident compensation if you can prove the liability of the driver of the vehicle. In cases of a hit and run accident where the road user responsible left the scene, you will need to follow a different process to claim compensation.
Learner driver accident responsibility – how does the MIB help?
You will need to contact the Motor Insurers’ Bureau (MIB) and explain your case to them. This is an organization that uses money raised through vehicle insurance premiums to compensate victims without an insured driver to claim against.
Calculating Compensation Claims For A Driving Lesson Crash Involving A Learner Driver
Ask any driving lesson accident solicitor how much the average payment for a specific type of personal injury claim is and they will undoubtedly tell you that there is not one. Due to the unique circumstances of each claim, every payout is different. However, the table below can give you a rough guide to pay-outs for a range of injuries.
|Minor Hand Injuries||Cuts, lacerations, abrasions and soft tissue injuries.||Up to £4,750|
|Moderate Hand Injuries||Deep cuts and wounds that will require a surgical procedure to close.||£5,720 to £13,280|
|Less Serious Hand Injuries||Such as crushed fingers, or sprained fingers.||£14,450 to £29,000|
|Serious Hand Injuries||Including fractures which severely reduce the functionality of the hand.||£29,000 to £61,910|
|Loss of One Hand||This can be either through loss of use, or complete amputation.||£96,160 to £109,650|
|Serious Damage to Both Hands||Covering any injuries that leave the hand non-functional.||£55,820 to £84,570|
|Loss of Both Hands||Either through complete loss of function or total amputation.||£140,660 to £201,490|
|Minor Wrist Injuries||Cuts, lacerations, soft tissue injuries and dislocations.||£3,530 to £4,740|
|Less Serious Wrist Injuries||Sprains and mild fractures that reduce hand function until fully healed.||£12,590 to £24,500|
|Serious Wrist Injuries||Serious wounds, including fractures, which leave the hand non-functional for the long-term.||£24,500 to £39,170|
|Severe Wrist Injuries||Including multiple fractures and nerve damage that leaves the hand non-functional.||£47,620 to £59,860|
|Severe Arm Injuries||Falling just short of amputation||£96,160 to £130,930|
|Less Severe Arm Injuries||Painful injuries that nevertheless will heal fully in time.||£19,200 to £39,170|
|Moderate Arm Injuries||Injuries that leave the arm immobile for the long-term until they heal.||£39,170 to £59,860|
|Simple Arm Fractures||Damage to the bones of the lower arm.||£6,610 to £19,200|
|Modest Foot Injuries||Cuts, abrasions, lacerations and other soft tissue injuries.||Up to £13,740|
|Moderate Foot Injuries||Including fractures, which leave the foot non-functional until healed.||£13,740 to £24,990|
|Serious Foot Injuries||Such as compound fractures which leave the foot with reduced function once healed.||£24,990 to £39,200|
|Severe Foot Injuries||Including injuries comprised of many fractures, which once healed leaves the foot with reduced functionality, and some ongoing pain.||£41,970 to £70,030|
|Very Severe Foot Injuries||Permanent disability following recover.||£83,960 to £109,650|
|Minor Leg Injuries||Cuts, lacerations, soft tissue injuries and sprains.||Up to £11,840
|Less Serious Leg Injuries||Including fracture injuries that will cause the leg to be non-functional until healed.||£1£17,960 to £27,760|
|Moderate Leg Injuries||Compound fractures, torn ligaments and dislocation with severe pain and non-function of the leg until healed.||£27,760 to £39,200|
|Serious Leg Injuries||Multiple fractures, where the leg will be non-functional for the long-term until healed.||£39,200 to £54,830|
|Very Serious Leg Injuries||Once the injury has healed, the leg will be left with reduced functionality.||£54,830 to £87,890|
|Severe Leg Injuries||Once the injury has healed, the leg will be left with reduced functionality. There will also be a measure of permanent pain.||£96,250 to £135,920|
|Minor Neck Injuries||Cuts, lacerations and other soft tissue injuries.||Up to £2,450|
|Moderate Neck Injuries||Injuries that will remain painful until they have healed fully.||£24,990 to
|Severe Neck Injuries||Injuries that will take a long time to heal and will reduce a person’s quality of life while they do.||In the region of £148,330
|Minor Back Injuries||Cuts, abrasions and other soft tissue injuries.||Up to £2,450|
|Moderate Back Injuries||Immobilising injuries such as torn muscles or a bruised spine.||£27,760 to £38,780|
|Severe Back Injuries||Injuries that will result in a very long-term reduction in the quality of life of the victim, with constant pain and suffering.||£91,090 to £160,980|
This table covers general damages payouts, which is the type of compensation covering pain and suffering. On the other hand, special damages can also be claimed to cover any financial losses, such as loss of earnings or damage to property.
For a more accurate payout estimate, as a driving instructor in a hit and run or a learner, please contact Accident Claims UK at the number at the bottom of this page for a consultation.
I had an accident as a learner driver but suffered no injuries, could I claim?
You could only claim compensation for an accident as a learner driver if you suffered physical harm or damage to property.
If you have suffered personal injury, please call our team. We would be happy to assist you and help you get the compensation you deserve.
How To Start Your Personal Injury Claim For A Driving Lesson Crash
To answer the question ‘what to do if you have an accident involving a learner driver?’, all you need to do is call Accident Claims UK.
We will spend some time asking you some questions about the accident and injury. Once we know enough, we will tell you what we believe you should do next. In most cases, this will be to use our No Win No Fee personal injury claims service. That way you could get the compensation that you are eligible for. We could help you with driving lesson accident claims.
No Win No Fee Driving Lesson Accident And Injury Claims
Are you considering claiming compensation for a driving lesson accident. If you are, you might be wondering whether to get a lawyer to help you. However, you may wonder how much it would cost you and whether you’d need to pay in advance. Some people are put off using a solicitor for their claim as they fear they would be asked to make a large upfront payment to get started. With No Win No Fee Claims, this would not be the case.
When you make a No Win No Fee claim, you would be asked to sign a Conditional Fee Agreement. This would effectively be your promise to pay your lawyer once compensation came through. The amount you’d pay would be dictated by the settlement amount you receive. Success fees are generally a fixed percentage of your payout and cannot be more than 25%.
Once your compensation is received, your lawyer would deduct the agreed fee, and the rest of the compensation would be for your benefit. If your claim were to fail, you wouldn’t pay any success fee. You would also not be asked to cover your No Win No Fee solicitor’s costs either. To speak to us about No Win No Fee claims, simply call the team. We’d be glad to talk you through the process.
Why Choose To Claim Compensation For A Driving Lesson Accident With Accident Claims UK?
Accident Claims UK offers our No Win No Fee personal injury claims service as the best way to make driving lesson accident claims. We are one of the law firms that operate a legal team that covers the whole of the UK, connecting to clients over emails and telephone calls. If needed, we can even arrange for a home visit by one of our solicitors, authorised and regulated by the Solicitors Regulation Authority.
Start Your Claim Today For Injuries In An Accident As A Learner Driver
Are you ready to make driving lesson accident claims?
If so, don’t hesitate to call Accident Claims UK on 0800 073 8801.
Alternatively, you can use our live chat feature on your screen now or fill out one of our contact forms to get a call back from our team.
Useful Links Relating To Compensation For A Driving Lesson Accident
Car Accident Claims – How To Claim Compensation? – if you have suffered from a car accident claim find out how you can claim compensation on a No Win No Fee basis.
UK road traffic accident statistics – the UK Government produced statistics on road traffic accidents in the UK.
ROSPA driver training information – information published by ROSPA on driver training and assessment for companies.
DVSA information for driving instructors – information for driving instructors published by the Driver & Vehicle Standards Agency.
Compensation For A Driving Lesson Accident/ Driving Instructor Hit And Run – Claims FAQs
As we bring this driving lesson accident claims guide to a close, we’ll briefly answer some frequently asked questions on the topic.
How common could a driving lesson crash be?
According to the latest road traffic accident statistics, despite it being a year in which there were fewer people travelling to work in the UK due to COVID-19, in the year ending June 2021 , there were over 119, 000 casualties on the roads of Great Britain. While we do not have statistics to how many of these could involve a learner driver crash, the numbers are significant. We should mention too, that many different types of road user were injured. You can see the statistics in the graph below.
What happens if a learner driver has an accident?
What happens if a learner driver has an accident depends on the circumstances. Usually, if you’re involved in a road traffic accident while on a lesson, your driving instructor’s insurance should cover the damage. However, what happens if a student driver crashes in an accident that is not their fault, but the fault of another motorist?
In such cases, a claim could potentially be made against the other driver’s insurance. To find out whether you could have a valid claim, please call our team. We could give you more information on making a claim, including checking your eligibility to claim for free.
What happens if you crash during a driving test?
If you crash during a driving test, and the accident is not your fault, you may be able to re-take your test. Usually, what happens if a student driver crashes on a driving test would depend on whose fault the accident was, and whether there was any property damage.
What is the average payout for driving lesson accident claims?
Due to the unique circumstances of each claim, every payout is different depending on each claimant’s suffering. However, the table we included in our guide can give you a rough guide to pay-outs for a range of injuries.
How much compensation could I get as a driving instructor in a hit and run?
For a more accurate payout estimate, please contact Accident Claims UK at the number at the bottom of this page for a consultation. Our advisors can provide free consultations to tell you how much you could be entitled to.
How can I prove my suffering when claiming compensation for a driving lesson accident?
Typically, a medical assessment with an independent specialist can help prove the extent that you’ve suffered as a result of your accident. This will report everything from your physical and mental suffering to how your general quality of life has been affected.
Should I have a lawyer handle my claim for compensation for a driving lesson accident?
Despite there being no legal requirement for claimants to have a lawyer, it can significantly help their claim’s chances of success.
Why are No Win No Fee agreements helpful if you’re a driving instructor in a hit and run or a learner driver?
If you’re worried about the financial risk of making a claim, these types can help. This is due to the fact that you’ll only have to pay your legal fees if your lawyer wins your case, meaning there’s no financial risk involved.
How long do I have to put my claim for compensation for a driving lesson accident forward?
If you’re making a personal injury claim, you have up to 3 years to begin making legal proceedings before reaching the time limit.
Can I claim compensation for a driving lesson accident on behalf of my child?
Yes, since they won’t be able to claim until their 18th birthday, you could claim for them by acting as a litigation friend.
I was in the car with a driving instructor and a hit and run occurred, should I report it?
If you and a driving instructor see a hit and run, it could be a good idea to give your details to the person who has been hit, and in some cases, to the police. The injured party or their representatives may call on you to provide a witness statement if they wish to claim at a later date.
Learner Driver Accident Responsibility And Driving Instructor Hit And Run FAQs
Who has learner driver accident responsibility if the learner driver isn’t on a lesson?
Are you wondering about learner driver accident responsibility when a learner driver isn’t on a lesson? if so, you should know that they should not lawfully be behind the wheel of a moving vehicle without supervision. Should you be hit by someone driving illegally, you may still be able to make a claim for compensation if you suffer injury. Such claims could be made through the Motor Insurer’s Bureau. They could handle claim for accidents with uninsured or untraceable drivers. If you’re wondering whether your claim would be made through the Motor Insurer’s Bureau, this could be something we could help you ascertain. Simply call our team for advice and support.
Learner driver accident responsibility in fatal accidents – who would be held liable?
Has a loved one had a road traffic accident as the result of a learner driver’s actions? If sothe learner driver accident responsibility would usually be the driving instructor’s. Loved ones and dependents of those in fatal accidents could make a claim for compensation. They could be eligible if their loved one passes away due to a fatal accident that wasn’t their fault. We could help you claim compensation for the household’s bereavement. Plus, the loss of support and even for funeral expenses. Please do not hesitate to ask us any questions. We could assist with claims on behalf of a loved one who has tragically lost their life as the result of a learner driver accident.
How much compensation can I claim for injuries sustained during a driving lesson?
If you’re wondering how much you could claim for injuries sustained during a driving lesson, this would depend. Several factors are taken into consideration when valuing claims, such as:
- The nature and severity of your injuries,
- The financial costs of your injury
- How you’ve been impacted physically and psychologically.
To determine the payout you could receive for the pain and suffering of your injuries, awarded under general damages, you would need to present medical evidence.
This evidence can come in the form of hospital records from seeking medical attention after the accident. However, you may also attend an independent medical appointment as part of the claims process.
A solicitor can help to organise this as locally as possible, for your convenience. The resulting medical report could then be submitted as evidence. It could be used alongside the Judicial College Guidelines to determine an appropriate payout amount.
How long do I have to make a driving instructor accident claim?
Usually, you would have three years from the date of the accident to make a driving lesson accident claim. This is the usual personal injury claim time limit for road traffic accidents. However, it could begin from the date you became aware that your injuries were caused by someone’s negligence.
However, there are some exceptions to this, in cases of minors or those with limited mental capacity. To find out more about exceptions to the time limit, get in touch with our advisors at any time.
How long would it take for a claim to be settled?
If you’re wondering how long it could take for a driving instructor hit and run claim to settle, this would depend on the parties involved. In some cases, a settlement offer could be made quickly, and accepted quickly, putting the matter to rest without incident. However, in other cases, one party might deny liability or debate about the settlement figure. This could mean a claim takes longer.
Injured in a learner driver accident – Top tips to claim compensation
If you were injured in a learner driver accident our top tips to claim compensation for your injuries are below:
- Record evidence at the scene of the accident. If possible it could be wise to take photographs or videos of the accident scene. You could even write down the positions of the vehicles if you can’t take photos. It could be useful to record details of the road conditions, and weather conditions too.
- Obtain witness contact information. If someone witnessed a driving instructor hit and run accident, or other learner driver accidents, they could be a useful witness. A solicitor could approach them for a statement at a later date.
- Get medical attention. If you are injured, it is important to seek immediate treatment.
- Keep relevant documents. If you incur any losses due to needing time off work recovering from your injuries, it could be useful to keep payslips, for example. If you have to pay for travel or medical expenses due to your injuries, it would be useful to keep receipts too.
- Contact us for legal advice. We could help with claims for learner driver accidents. We could provide free legal advice based on the specifics of your claim. Plus, our legal advice over the phone doesn’t come at a cost to you.
A driving instructor caused a hit and run – would they still be able to teach?
If a driving instructor caused a hit and run, this is a criminal offence. Therefore, they would be dealt with in accordance with the law. If the driving instructor is banned from driving in the last 4 years, they cannot apply to be an approved driving instructor. The government has strict criteria on who could become a driving instructor, as you can see from their website.
Thank you for reading our driving lesson accident claims guide. Now you should have more information on learner driver accident responsibility. Once again, please don’t hesitate to get in touch with our team at Accident Claims UK if you’d like any legal help. Whether you’re a driving instructor in a hit and run, or a learner driver in a crash, we’re here to help.