By Jo Anderson. Last Updated 25th January 2024. 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.
A guide to driving lesson accident claims
Select A Section
- Can I Claim Compensation For A Learner Driver Crash?
- Can A Driving Instructor Be Responsible For An Accident?
- What Can Cause A Learner Driver Crash?
- What Evidence Do You Need To Claim For A Car Accident?
- How Much Compensation Could I Get For A Learner Driver Crash?
- Can I Claim On A No Win No Fee Basis?
- 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.
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
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 Evidence Do You Need To Claim For A Car Accident?
If you are eligible to make personal injury claim for an accident on a driving lesson, you will need evidence to back up your compensation claim. The evidence available may vary between cases, but if you choose to work with a solicitor, they could help you.
Some examples of evidence that you could use include:
- Evidence of your injuries – It is vital that you show that you suffered injuries as well as the nature and severity of them. Your medical records can help demonstrate this, but it may also be necessary to obtain an independent assessment. A solicitor could help organise this for you.
- Proof of the accident – You will need to prove that the accident occurred, as well as providing as many details as possible to show liability. This may involve using witness statements, CCTV footage, accident reports and photographs of the scene and your injuries, if possible.
- Evidence of cost and losses – Special damages compensate you for financial costs and losses caused by your injuries. However, you must provide evidence of them to include them within your claim. Evidence could include bank statements, receipts and bills, for example.
For more information on driving lesson accident claims, or to get help from a solicitor, please contact an advisor.
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.
| Injury | Notes | Amount |
|---|---|---|
| Combinations of serious injuries inclusive of financial costs and losses. | A multitude of serious injuries causing pain, suffering and financial losses such as loss of income and care costs, for example. | Up to £1,000,000+ |
| 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 £38,490 |
| 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?
If you are eligible to make a personal injury claim for a driving lesson accident, one of our solicitors may be able to assist you. They could help put together a body of evidence to support your claim and could negotiate an appropriate compensation settlement on your behalf.
Our solicitors have experience working on driving lesson accident claims, and one of them may offer to represent you on a No Win No Fee basis under a Conditional Fee Agreement (CFA). Under this type of arrangement, you generally won’t be expected to pay them for their services either upfront or while the claim is ongoing. You also will not have to pay them for the work they have provided should the claim end unsuccessfully.
Instead, they would deduct a success fee from your compensation if your claim is a success. This is usually a small percentage of your compensation, and it is capped by the law.
To see whether you could be eligible to work with one of our No Win No Fee solicitors for your personal injury claim, you can contact a member of our advisory team. They can be reached via the following methods:
- Call 0800 073 8801
- Use the live chat.
- Contact us online to receive a callback.
Claim compensation for a learner driver crash
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.
