By Jo Anderson. Last Updated 20th October 2023. If as a driving instructor or pupil, you suffer an injury in an accident that wasn’t your fault, you could be entitled to compensation. In this guide, we look at everything from who is responsible if a learner driver crashes to what to do if a driving instructor makes a hit and run.
If you’d like to get free advice on your case, we can help. We operate a 24-hour helpline and offer free advice and a case check for anyone who wants to take legal action.
- You can call Accident Claims UK on 0800 073 8801 today.
- You can also speak with us now via our live chat box
We can help you start your learner driver compensation claim whenever you’re ready.
Select A Section
- Can I Claim Compensation For A Learner Driver Crash?
- Driving With A Learner: The Rules
- Can A Driving Instructor Be Responsible For An Accident?
- Can I Claim Against Another Driver If They Caused A Crash?
- What Can Cause A Learner Driver Crash?
- What Injuries Could You Claim For After A Learner Driver Crash?
- What Should You Do If You Suffer An Injury Caused By A Driving Lesson Accident?
- How Much Compensation Could I Get For A Learner Driver Crash?
- Can I Claim On A No Win No Fee Basis?
- Why Claim Compensation For A Driving Lesson Crash With Accident Claims?
- Start Your Claim Today
- Learn More About Claiming Compensation For A Learner Driver Crash
Can I Claim Compensation For A Learner Driver Crash?
If you have been injured in a learner driver crash, there may be several parties that could have been at fault for it. To be able to make a car accident claim, you would need to be able to prove that:
- Another road user owed you a duty of care.
- That duty of care was breached.
- You suffered injuries because of the breach.
All road users users owe a duty of care. They must adhere to the relevant rules and regulations found in the Highway Code and the Road Traffic Act 1988. Furthermore, as part of their duty of care, road users must navigate the roads in a way to avoid causing harm to others and themselves. Additionally, if you are a learner driver, your driving instructor must ensure that you are following the rules of the road and are driving safely as part of their duty of care.
If you have been involved in an accident with a learner and driving instructor, such as a hit and run, or if you have been involved in an accident with another road user as a learner driver, you may be able to make a personal injury claim. However, you will need to prove that another road user breached their duty of care, and this caused your injuries.
You also must start your claim within the time limit that is set out within the Limitation Act 1980. It states that you will generally have three years to start legal proceedings from the date the accident occurred. However, certain exceptions apply to this.
To find out what these exceptions are, or to check the validity of your case, you can contact our advisors today.
Driving With A Learner: The Rules
Learner drivers still have a responsibility to navigate the roads in a way that minimises others from experiencing harm. This is the duty of care they have as outlined in the Road Traffic Act 1988. They also must adhere to the rules set out in the Highway Code, these rules are backed elsewhere in law. There is also guidance in the Highway Code.
When driving with a learner, an instructor also has a responsibility to both others on the road and the learner. For example, they must provide:
- Proper training: The driving instructor is responsible for ensuring that the learner driver has received proper training and instruction in driving skills and safety. This includes teaching the learner driver how to drive safely, follow the rules of the road, and respond to various road conditions and traffic situations.
- Supervision: The driving instructor must supervise the learner driver at all times while they are behind the wheel. This includes ensuring that the learner driver is driving in a safe and controlled manner and taking corrective action if necessary.
- Vehicle maintenance: The driving instructor is responsible for ensuring that the vehicle used for lessons is properly maintained and roadworthy. This includes checking the brakes, tires, lights, and other essential safety features before each lesson.
In the event of an accident, the driving instructor may be held responsible if they failed to provide proper training, supervision, or maintenance or if they allowed the learner driver to operate the vehicle in an unsafe manner.
Learner driver supervisor rules
Not everyone driving with a learner has to be a qualified instructor. However, learner driver rules dictate that 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.
For more information on the process of making a learner driver car accident claim, get in touch on the number above.
Can A Driving Instructor Be Responsible For An Accident?
In some cases, driving lesson accident claims can be made against the driving instructor responsible for the accident.
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 Against Another Driver If They Caused A Crash?
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.
What Can Cause A Learner Driver Crash?
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.
What Injuries Could You Claim For After A Learner Driver Crash?
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.
How Much Compensation Could I Get For A Learner Driver Crash?
When it comes to calculating settlements for a car accident compensation claim, there are lots of factors to consider. Compensation for car accidents could be influenced by the severity of the injury, the future prognosis and the treatment required as well as other factors.
However, generally, a settlement can include both general damages and special damages.
Special damages in a car accident compensation claim could be awarded to cover out-of-pocket financial expenses caused by the accident. These could include medical expenses, travel costs and care costs, for example. You could also include loss of income caused by your injuries within your claim. You should provide evidence of these losses with receipts and payslips.
Compensation for car accidents could also include awards for general damages. These are damages that are designed to compensate injured parties for their pain and suffering caused by the injuries they sustained.
Calculating compensation for car accidents
When calculating general damages for a car accident compensation claim, there is a publication that could help legal professionals handling cases in England and Wales assign a value to injuries. It is called the Judicial College Guidelines (JCG). The guidelines contain compensation brackets for different injuries.
We have included some of these figures in the table below. However, these are not necessarily indicative of the amounts you’d receive.
|Severe Neck Injuries (a) (i)||Injuries that will take a long time to heal, will not heal completely and will reduce a person’s quality of life.||In the region of £148,330
|Moderate Neck Injuries (b) (i)||Injuries that will remain painful until they have healed fully.||£24,990 to
|Severe Back Injuries (a) (i)||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|
|Moderate Back Injuries (b) (i)||Immobilising injuries such as torn muscles or a bruised spine.||£27,760 to £38,780|
|Serious Leg Injuries (b) (iii)||Multiple fractures, where the leg will be non-functional for the long-term until healed.||£39,200 to £54,830|
|Moderate Leg Injuries (b) (iv)||Compound fractures, torn ligaments and dislocation with severe pain and non-function of the leg until healed.||£27,760 to £39,200|
|Less Serious Leg Injuries (c) (i)||Including fracture injuries that will cause the leg to be non-functional until healed.||£17,960 to £27,760|
|Severe foot injuries (d)||Including injuries comprised of many fractures, which once healed leaves the foot with reduced functionality, and some ongoing pain.||£41,970 to £70,030|
|Whiplash Tariff 2(1)(b)||A whiplash and psychological injury lasting more than 18 months but not more than 2 years.||£4,345|
|Whiplash Tariff 2(1)(a)||A whiplash injury lasting more than 18 months but not more than 2 years.||£4,215|
To learn more about compensation for car accidents, get in touch on the number above.
What Is The Whiplash Reform Programme?
It is important to note that the process of how certain road traffic accident claims are made in England and Wales has changed due to the introduction of the Whiplash Reform Programme. Your claim will now need to be made via a different avenue if you are over the age of 18 and suffered injuries valued at £5,000 or less as a driver or passenger of a vehicle.
Your whiplash injuries will now also be valued in accordance with the tariff of injuries found in the Whiplash Injury Regulations 2021. These are fixed amounts, and some examples can be found in the table above. Any additional injuries you have suffered that are not covered by this tariff will be valued traditionally.
You can contact our advisors today if you are unsure which avenue you should take when making your claim.
Can I Claim On A No Win No Fee Basis?
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 Claim Compensation For A Driving Lesson Crash With Accident Claims?
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
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.
Once we know a little more about your case, we will offer you some free legal advice on what to do next.
Learn More About Claiming Compensation For A Learner Driver Crash
- 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.
- Find out how to claim for an accident at home with our informative guide.
Thank you for reading our driving lesson accident claims guide. Now you should have more information on learner driver responsibility and rights. Whether you’re a driving instructor in a hit and run, or a learner driver in a crash, we’re here to help.