Driving Lesson Accident Claims

Learning how to drive can be very exciting, and many teenagers cannot wait to become old enough for it. However, this is also a big responsibility, as a single mistake or careless act behind the wheel can have devastating consequences.

If you were injured in a crash during a driving lesson, you may be entitled to start a driving lesson accident claim for injury compensation. Likewise, another road user can make a claim against a learner driver or their instructor in the event of an accident that was caused by their negligence.

To find out if you have a valid claim, do not hesitate to call 0800 470 0474 or enter your details into our online contact form for a free consultation with a legal adviser.

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What type of accidents could occur during a driving lesson?
• What is the law regarding learner drivers?
• Am I eligible to make a driving lesson accident claim?
• Who can claim compensation for an accident involving a learner driver?
• What types of negligence could lead to a compensation claim?
• What evidence do I need to make a personal injury claim for an accident as a learner driver?
• What injuries could I claim compensation for?
• Can I make a driving accident claim on behalf of a loved one?
• What is the time limit for starting a learner driver accident claim?
• How much compensation can I claim for an accident during a driving lesson?
• Can I claim compensation for a driving lesson accident using a No Win No Fee service?

What type of accidents could occur during a driving lesson?

Unless provided by a friend or family member, driving lessons are structured lessons provided by certified driving instructors to teach individuals how to operate a vehicle safely and effectively. At the end of these, you will take a driving test and receive your driver’s licence if you pass.

An unforeseen or unintended event during these lessons may lead to a driving lesson accident. Common causes of such accidents include:

• Errors made by the learner driver due to inexperience, such as failing to signal or misjudging distances;
• Instructor errors, such as inadequate supervision, delayed interventions, or providing wrong instructions;
• Malfunctions in the vehicle, such as brake failure or issues with the dual control system;
• The actions of other drivers, pedestrians, or cyclists that fail to follow the traffic rules;
• Environmental factors, such as adverse weather conditions, poor road conditions, or unexpected obstacles.

If you suffered an injury due to any of the situations above and negligence on the part of your driving instructor or another party can be proven, you may be entitled to claim compensation.

What is the law regarding learner drivers?

The legal requirements and restrictions for learner drivers on public roads include:

• They must be at least 17 years of age for a provisional car driving licence and at least 16 for a moped or light quad bike;
• They must be supervised by a qualified driver who is at least 21 and has held a full driving license for the same category of vehicle for at least three years;
• They must display L plates on the front and rear of the vehicle, which indicate they are a learner;
• They must hold a provisional driver’s licence.

Furthermore, the learner driver must have a valid motor insurance policy, either taken by them or their instructor or supervisor. In case of an accident, a learner driver accident claim can be made through this insurance policy.

Am I eligible to make a driving lesson accident claim?

You may be entitled to compensation if you were involved in an accident during a driving lesson. The easiest way to find out if you have a valid personal injury claim is through a quick conversation with a legal adviser. They will ask you a few questions about your circumstances to verify whether:

• Another party owed you a duty of care.
• They breached their duty of care towards you and caused an accident.
• You sustained an injury or injuries as a result.

A duty of care will typically be proven by the Road Traffic Act 1988 or other similar legislation. Once liability is established, your solicitor will help you gather all the evidence you need to proceed with a driving lesson accident claim.

Who can claim compensation for an accident involving a learner driver?

Anyone who suffered an injury in an accident involving a learner driver may be entitled to claim damages, including:

• The learner driver. Since they are novices behind the wheel, learner drivers are particularly vulnerable to accidents. If you suffer an injury as a learner driver due to inadequate instruction, poor road conditions or the negligence of another road user, you can make a compensation claim against the liable party.
• The instructor. Instructors may be eligible to claim if they suffer an injury in an accident caused by someone else’s negligence. Examples include faulty vehicles, hazards on the road or another driver’s negligence.
• Another driver. Other drivers may be involved in a road accident due to the learner driver or their instructor’s negligence. In such cases, they could claim damages from the responsible party’s insurance company.
• Any other road user. Pedestrians, motorbike riders and cyclists can also suffer injuries in accidents involving learner drivers. If negligence can be established, they can make a road traffic accident claim for compensation.

If you are in a similar situation and want to learn more about your legal rights, do not hesitate to call 0800 470 0474 or request a call back.

What types of negligence could lead to a compensation claim?

Various types of negligence could lead to a learner driver accident claim. Based on the circumstances of your road traffic accident, these could include:

• The driving instructor was not paying proper attention during the lesson;
• The vehicle provided for a driving lesson did not have an MOT certificate and was unfit for use on public roads;
• The instructor gave unsafe or incorrect advice that led to an accident;
• Your instructor failed to use their dual control to prevent an accident;
• There were poor road conditions, such as potholes or debris that caused an accident;
• Another road user did not follow road traffic rules, which caused a crash;
• Another driver was speeding, driving carelessly, or under the influence of drugs or alcohol;
• The instructor has failed to supervise the learner properly or showed them a manoeuvre recklessly;
• The learner driver did not follow the instructor’s orders to slow down or signal a turn.

These are just a few examples. Many other types of negligence can lead to a road traffic accident and a subsequent personal injury claim.

What evidence do I need to make a personal injury claim for an accident as a learner driver?

The evidence you could use to claim compensation for an accident as a learner driver or another road user includes:

• Photographs or videos of the accident scene, including the vehicles involved, visible damage, road conditions, traffic signs, and other relevant hazards;
• Pictures of your injuries and of your recovery process;
• If available, dash cam footage or CCTV from nearby businesses can provide a clear account of the accident;
• Statements from any witnesses who saw the accident can help corroborate how the events unfolded;
• If the police were involved, a copy of their report could help provide details about the accident;
• The names, contact details and insurance information of all the drivers involved;
• Medical records that show the type and extent of the injuries you suffered and the treatment you received from your GP or the hospital;
• An independent medical exam with a specialist can provide further details of your injuries and any long-term consequences and care needs;
• Details about the driving instructor, including their name, contact details, insurance information and driving school affiliation;
• You also need evidence of any financial losses and expenses incurred due to the accident, such as medical bills and care costs during recovery.

What injuries could I claim compensation for?

If you suffered harm due to someone else’s negligence during a driving lesson, you could claim compensation for any injuries the accident caused you, including:

• Whiplash. Sudden movement during a collision can cause neck strain, leading to whiplash, which involves pain and stiffness in the neck and shoulders.
• Fractures. Blunt trauma during an accident can lead to broken bones in the arms, legs, pelvis, ribs or other body parts.
• Head injuries. Hitting your head against the steering wheel, dashboard, or the ground can cause concussions, traumatic brain injuries (TBIs), or other head injuries.
• Back injuries. The force of a collision can lead to spinal injuries, herniated discs, or lower back pain.
• Cuts and lacerations. Broken glass or sharp objects can cause cuts that range from scratches to severe lacerations, which may need stitches or other medical treatment.
• Internal injuries. The impact can cause internal bleeding or damage to internal organs, which may not be immediately apparent but can be life-threatening if not treated swiftly.
• Soft tissue injuries. Following a road traffic accident, you may also suffer damage to muscles, tendons, or ligaments, particularly in the neck, back, and limbs.
• Psychological injuries. Accidents can also lead to psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression.
• Facial injuries. Impact on the steering wheel, dashboard, or another surface can cause injuries to the face, including broken noses, dental injuries, or eye injuries.
• Chest injuries. The force of the seatbelt or impact on the steering wheel or ground can cause bruising or fractures to the ribs and sternum.

The type and severity of your injuries will determine how much compensation you could receive if you make a successful car accident compensation claim.

Can I make a driving accident claim on behalf of a loved one?

If someone you love was injured in an accident due to someone else’s fault, you may be able to claim compensation on their behalf. If the injured party is a child under 18 or an adult who lacks the mental capacity to handle a claim, you could represent them as a litigation friend. To do so, you must apply to the court with evidence that there is no conflict of interest between the two of you and you can make fair and competent decisions about the case. Once approved, you will have several responsibilities, such as:

• Pay any fees requested by the court.
• Make decisions about the case that are in your loved one’s best interests.
• Liaise with solicitors and take legal advice.
• Make sure your loved one attends all medical appointments.
• Consider any settlement offers from the defendant.

It is essential to know that you could also make a claim if a loved one died following a car accident that was not their fault. If you qualify as their dependent, you can receive compensation for the financial benefits and loss of services they provided. You can also claim funeral costs and a bereavement award of £15,120 for your grief and suffering.

What is the time limit for starting a learner driver accident claim?

Generally, you have three years from the date of the accident to make a personal injury claim. This time limit is set by the Limitation Act 1980 and cannot be ignored. If you miss this deadline, your case will be time-barred, and the court will no longer accept it. There are a few exceptions to this rule, such as:

• Parents can make a child injury claim any time before the child’s 18th birthday. Afterwards, the child has until turning 21 to claim compensation themselves if nobody has represented them up to this point.
• There is no time limit for a litigation friend to start a claim on behalf of an adult who lacks mental capacity due to a brain injury, PTSD, or a pre-existing condition such as Down syndrome.
• You have two years to start the claim through the CICA if you were the victim of a criminal assault during a driving lesson.
• If you lost a loved one following an accident, you can make a personal injury claim within three years after they passed away.

Regardless of your circumstances, it is best to seek legal advice as soon as possible. This will facilitate the claims process and make collecting all the necessary evidence for your case easier.

How much compensation can I claim for an accident during a driving lesson?

The amount of compensation you could receive for a learner driver accident claim will depend on your particular circumstances. Your solicitor will work hard to secure the maximum payment available, which will be made up of two types of damages:

General damages are awarded for the pain, suffering, and loss of amenities caused by your injuries. These can include:

• Physical and mental pain and suffering
• Physical and mental disability
• Scarring and disfigurement
• Reduced quality of life
• Loss of enjoyment of life
• Inability to participate in hobbies and other events you used to enjoy

Special damages are awarded for the financial losses and out-of-pocket expenses incurred due to the accident, such as:

• Private medical treatments and prescriptions
• Medical aids such as crutches
• Loss of earnings due to time off work
• Loss of earning capacity if you suffered a permanent disability
• Care costs, even if provided by friends or family

Our compensation calculator offers various examples of compensation awards for general damages based on the guidelines provided by the Judicial College. For a more accurate estimate which takes into account your specific circumstances, it is best to speak to an experienced personal injury solicitor.

Can I claim compensation for a driving lesson accident using a No Win No Fee service?

If you were injured during a driving lesson or in an accident with a learner driver and have grounds to make a compensation claim, you will be offered a no win no fee service. This enables you to hire an experienced personal injury solicitor regardless of your financial situation. Here is how this service works:

• You do not have to pay any upfront fees to your solicitor.
• Your solicitor receives a success fee of up to 25% of your compensation award if they win your case.
• You do not pay them anything at all if your learner driver accident claim fails.

Your solicitor may also take out an After the Event (ATE) insurance policy on your behalf to help ensure that you do not have to pay any costs or disbursements if your claim is unsuccessful.

To find out if you can start a claim following a learner driver accident, call free on 0800 470 0474 or use our online claim form to request a call back.