By Stephen Hudson. Last Updated 28th June 2024. Welcome to our guide on making driving lesson accident claims for compensation. Many teenagers spend their formative years very excited about becoming old enough to drive. Once they hit 17, if they are lucky, they will be allowed to learn. This can feel like a rite of passage into adulthood and the beginning of a lifetime of freedom behind the wheel.
However, on the increasingly busy roads of the UK, learning to drive is not easy, and the potential hazards leading to accidents is high. What happens if, as a learner driver, you have an accident? What happens if you have damaged your driving instructor’s car? Whose responsibility is it if you’re in the car with your instructor? And can you make driving lesson accident claims if it isn’t your fault? We can advise you on how to claim today.
Please read on to learn more about learner driver accident responsibility and to see how you can claim for an accident as a learner driver. You can call us on 0800 073 8804. Or you can reach us online using our contact form or our chat window.
Select a Section
- Who Is Responsible For An Accident During A Driving Lesson?
- What to do in a driving lesson accident
- I have whiplash after a driving lesson accident – do I make a claim?
- Common injuries for driving lesson accidents
- Compensation Payouts For Driving Lesson Accident Claims
- No Win No Fee driving lesson claims explained
- Helpful links
Who Is Responsible For An Accident During A Driving Lesson?
Learner drivers have the same duty of care that qualified drivers do when using the roads, meaning they should also take reasonable care to reduce the risk of an accident whilst driving. They should also abide by the driving lesson rules to avoid serious injury.
As outlined in Annex 3 of the Highway Code, learner drivers must have a valid provisional licence and can only drive a vehicle that displays red L plates. Additionally, learner drivers must be supervised by someone over the age of 21 who is fully licensed. If an accident happens and these rules aren’t followed, the learner driver has acted negligently and may be liable for any harm caused. However, the driving instructor will have insurance that covers the learner driver, meaning you could claim on their insurance.
It’s worth noting that the instructor could be liable for a road traffic accident if they act negligently. For example, they may supervise a learner driver whilst under the influence of drugs or alcohol. Additionally, they could also be on their phone and therefore not paying attention to the roads, when it is a driving instructor’s duty to do so. In these circumstances, you would claim against the instructor.
If you are a learner driver or instructor, you may make a car accident claim against another driver if you can prove that they acted negligently and caused an accident in which you were injured. Get in touch at any time and we can go through the vehicle accident claim process with you free of charge.
What to do in a driving lesson accident
If you are a learner driver involved in an accident recently, you must take heed of the following steps to make a driving lesson accident claim in the future, should you wish to.
- Seek medical attention – get yourself checked out by a doctor and ensure that any injuries you have received are recorded in writing.
- Report the incident – This is not only useful for any future personal injury compensation claim, but you will also need the details for your insurance claim.
- Witness details – it can be really helpful to gather details of any witnesses who saw the accident take place. This can help to establish responsibility in the future.
- Call Legal Expert – as a new driver, you may feel frightened and unsure what to do next after being involved in a learner car accident. At Legal Expert, we have teams of people who can give you clear and helpful advice whilst showing sensitivity to your concerns and vulnerabilities. And we can advise on personal injury claims for calculating general damages and special damages for your case.
All of these steps are crucial when it comes to successfully filing driving lesson accident claims. Additionally, they can ensure you gather relevant evidence to support your driving lesson accident claim.
If you need more information on what happens if a student driver crashes, call our team. They can provide further clarification on the steps you could take to seek compensation.
I have whiplash after a driving lesson accident – do I make a claim?
Whiplash is a common injury following a car accident. It is caused during a collision when the head is thrown forwards or sideways due to the impact. This impact puts pressure on the neck ligaments and can result in sprains and strains. Whiplash often gets better over time, but serious cases may involve disc herniation and require physical therapy or even surgery for the most severe cases.
If you are suffering from whiplash due to a personal driver accident, you may be eligible to make a claim. To do so, you will need to establish blame. Legal Expert can help you do this but holding a third party accountable will usually involve proving that another driver has been negligent.
Learner Driver Accident Claims – The Whiplash Reform Programme
The process of how certain low-valued road traffic accident claims are made in England and Wales was changed on 31st May 2021 by the introduction of the Whiplash Reform Programme.
It now means that your claim will have to be made via a different avenue if you were a driver or passenger of a vehicle over the age of 18 who suffered injuries valued at £5,000 or below. Whiplash and minor soft-tissue injuries are covered by this change.
If this does apply to you, then your whiplash injury will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are set amounts. If you are claiming for other injuries that aren’t covered by this tariff, they will be valued traditionally. However, these tariffs might also apply to claims that don’t need to be made via the new method.
For more advice on how to be compensated for whiplash following a learner driver crash or another type of road traffic accident, contact our advisors on the phone or online today.
Common injuries for driving lesson accidents
Whilst learner drivers should expect that lessons will go safely with their instructor or supervisor acting to safeguard them if a learner driver crashes a car, this can lead to several common injuries. The injuries that could make up your driving lesson accident claims can vary in severity.
- Neck injuries– whiplash to the neck is a common injury experienced after a car crash. The impact can damage ligaments in the neck, causing pain and discomfort and disc herniation in the most severe cases.
- Lower leg– Lower legs can be crushed on impact in a car accident, and subsequent leg and knee injuries can vary in severity from bruises and cuts right through to broken bones. Knees can be dislocated, and ligaments are torn. Even ankles and toes can be damaged.
- Fractures and breaks– broken bones always need hospital care. A cast may be sufficient, but surgery may also be needed. It depends on the bone and severity of the break. Serious cases may even need metal plates and screws. The most serious type of break is a compound fracture in which the bone sticks out of the skin. This is considered to be a major emergency.
- Back Injury – backs can be harmed as a result of the impact. A supportive brace may be sufficient treatment for minor cases, whilst greater damage can result in a temporary or even permanent loss of mobility.
- Concussion– concussion is a brain injury caused by a significant impact on the skull, which shakes the brain. In the case of a collision, a driver’s head could hit the steering wheel or windscreen. And this could result in symptoms such as vomiting, headaches and disorientation. A mild concussion can be resolved with rest, but more serious cases may result in surgery.
Compensation Payouts For Driving Lesson Accident Claims
If you make a successful learner driver accident claim, then your compensation settlement could include general and special damages.
General damages compensate you for the physical pain and mental suffering caused by the injury. Those who value general damages for a driving lesson accident claim may consult the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for many different types of injuries.
In the table below, we’ve provided some of the figures featured in the JCG. Please only use it as guidance. Also note that the first and final two entries of the table are not based on the JCG. The last two entries are tariffs from the Whiplash Injury Regulations 2021, which we mentioned earlier in this guide.
| Injury Type | Severity Of Injury | Typical Award Bracket |
|---|---|---|
| Multiple serious injuries and special damages | Serious | Up to £500,000+ |
| Brain or head injury | Moderately severe | £267,340 to £344,150 |
| Neck injury | Severe (i) | In the region of £181,020 |
| Neck injury | Moderate (i) | £30,500 to £46,970 |
| Arm injury | Severe injuries | £117,360 to £159,770 |
| Leg injury | Serious | £47,840 to £66,920 |
| Leg injury | Moderate | £33,880 to £47,840 |
| Elbow injury | Less severe injuries | £19,100 to £39,070 |
| Whiplash | Whiplash injury plus a minor psychological injury lasting between 18-24 months. | £4,345 |
| Whiplash | A whiplash injury with symptoms lasting 18-24 months. | £4,215 |
In addition to general damages, you may also be able to claim special damages when making a learner driver crash claim. Special damages compensate you for financial losses or expenses caused by the injury. To claim special damages, you will need to provide evidence, which may include documents such as bank statements, invoices and receipts.
Some examples of potential special damages include:
- The costs of home care provisions.
- Loss of earnings related to unpaid time you’ve taken off to recover from your injuries.
- Travel costs for attending medical appointments, such as taxi fares or train tickets.
Contact our advisors for free today to learn more about how much your driving lesson accident claim may be worth. Our team can also answer other questions you may have about claiming, such as “if a learner driver crashes, who is responsible?”
No Win No Fee driving lesson claims explained
If you have limited finances, you may worry about how you will pay for legal representation. No Win No Fee means that you will not be required to pay a fee upfront.
If you do not win your case, then there will be no success fee to pay your solicitor. Any fees payable in a successful claim will be taken out of your compensation as a legally capped percentage.
Call Legal Expert today, and we can help you get started with your claim as soon as possible. Our free phone number is 0800 073 8804, or contact us using our online form.
An advisor can offer advice on learner driver accident responsibility to help you understand who was liable for the accident.
Helpful links
This government guide gives you step by step information about what to do if you are involved in an accident:
This helpful link looks in detail at the UK road accident and safety statistics, year on year:
The highway code was first published in April 1931, but regular additions have relevance to today’s drivers. The Road Traffic Act 1988 sets out the duty of care for other road users.
Here are some other guides you may find useful:
- Motorcycle Accident Claims
- Bus Accident Claims
- Head Injury Claims
- Taxi Accident Claims
- Car Park Accident Claims
- Get more information on claiming for a laceration injury and scarring with our helpful guide.
Thank you for reading our driving lesson accident claims guide. If you’ve had an accident as a learner driver, you can contact us for free at a time that works for you to see if you can claim. To learn more about learner driver accident responsibility and receiving compensation for a new driver car accident, you can call us using the above details.
