How To Claim Compensation For An Accident During A Driving Lesson?

By Jo Caine. Last Updated 26th June 2023. In the sections below, you will find a guide to making a compensation claim following an accident during a driving lesson. Within it, you will learn all about why your claim may have good chances of success, as well as which third parties might be liable to pay compensation.

You might have additional questions that are not covered in this guide. If you do, please give our team of claim advisors a call on 0161 696 9685. They will be able to answer any questions that you have, and also explain how we can help you to get the compensation you are entitled to in a financially risk-free way.

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A Guide To Claiming Compensation For An Accident During A Driving Lesson

Driving lesson accident claims guide

Driving lesson accident claims guide

The below guidance to bringing a claim for personal injury for an accident as a learner driver contains all you need to know in order to be able to make informed choices. It contains information such as:

  • A table that lists typical ranges of compensation that are paid for common injuries that you could suffer as a learner driver.
  • A list of many of some the most frequent types of damages that a compensation settlement will comprise of.
  • A general definition of what a driving lesson accident is, why you might have grounds to claim, and who may be liable for compensation.
  • A run-down of the law in the UK that relates to learner drivers and also driving instructors when it comes to accidents.
  • An examination of the concept of liability in learner driver accidents, and which kinds of third parties could potentially be pursued for damages.
  • Some of the key statistics that relate to road traffic accidents involving learner drivers in the UK each year.
  • A list of some of the more regular causes of accidents on the road that involve learner drivers or driving instructors.
  • An examination of many of the specific circumstances that can lead to a learner driver making a personal injury claim.
  • An explanation of the legal circumstances when a vehicle pulls out in front of a learner driver, and this causes an accident.
  • A list of many of the most commonly suffered injuries as the result of a road traffic accident involving a learner driver.
  • An explanation of why whiplash, a very common injury, needs to be handled delicately with regards to making a compensation claim.
  • A table that lists the time limits for making a claim for a learner driver accident that could apply in your case.
  • A list of steps you can take if you are involved in a road traffic accident as a learner driver that will help you to prepare for making a claim.
  • An overview of the service we offer to learner drivers as an effective yet simple way for them to have a claim processed.

If at any point you’d like more information or would like to make a claim,  please take the time to speak to one of our friendly claims advisors. They can answer any query you may have.

Compensation Calculator For An Accident During A Driving Lesson

We have not added an online personal injury claims calculator to this page, which can at times give you vague answers. We prefer to give hard facts. Towards this end, the table below is based on guidelines produced by a legal body known as the Judicial College, which reviews compensation awards made by the courts.

Injury and severity Notes Value
Neck – severe Severe injuries, such as some paralysis, with a long recovery period. Limited mobility and persistent symptoms, such as headaches. In the region of £148,330
Neck – moderate Moderate soft tissue injuries with a protracted recovery period. May also be future vulnerabilities, plus exacerbations of pre-existing conditions. £7,890 to £13,740
Foot – severe Fractures to both heels with restricted mobility and considerable pain. Symptoms last a long time, if not permanently. £41,970 to £70,030
Foot – modest Simple fractures of the metatarsal, ruptured ligaments, or puncture wounds. Continuing symptoms will attract a higher award. Up to £13,740
Shoulder – severe Injuries can result in significnt disability with related symptoms in the arms or neck. £19,200 to £48,030
Shoulder – minor Soft tissue injuries which recover within 3 months. Up to £2,450
Ankle – Moderate Fractures and dislocations that lead to minor disabilities. £13,740 to £26,590
Ankle – Modest Less serious injuries that lead to a full recovery or minimal future risk or disability. Up to £13,740
Whiplash Injury 2(1)(b) A whiplash injury with a psychological injury that last more than 18 months but not more than 24 months/ £4,345
Whiplash Injury 2(1)(a) A whiplash injury that lasts more than 18 months but not more than 24 months. £4,215

If you would like a more accurate estimate of how much you could claim for a crash during a driving lesson, please talk to one of our claims advisors; they will be able to help you.

Types Of Damages A Driving Lesson Accident Claim Can Include

If you successfully make a compensation claim for a driving lesson accident, the settlement you are awarded might consist of a number of different types of damages. To learn which type of damages might be applicable in your own case, speak to one of our claim advisors.

General damages 

The purpose of general damages is to compensate you for the physical and psychological harm and suffering. They also take into account:

  • Pain and suffering
  • Mental anguish and trauma
  • Psychological injury
  • Negative effect on your quality of life
  • Disability either permanent or for the long-term

Special damages

Special damages are designed to allow you to recover any out of pocket expenses relating to the injury. In order to recover such costs, you need to provide evidence that they have been incurred. Therefore, be sure to keep hold of any payslips, receipts or invoices. Some of the types of expenses you can recover include:

  • Private medical costs
  • Loss of wages/salary
  • Cost of hiring in nursing or home help
  • Lowered prospects of future employment
  • The cost of travel tickets

What Is An Accident During A Driving Lesson?

A driving lesson accident could be defined as an incident whereby, a) a student has an accident whilst driving an instructor’s car, or b) the instructor themselves has an accident whilst teaching a student. The former is by far the most common.

If a third party was at least responsible for causing the accident, then the student, instructor or both, could be eligible to make a compensation claim. When the student or instructor was partially to blame for the accident taking place, a claim could still be possible. In this case, the representatives of the claimant and the defendant would seek to agree a reduced level of liability for the third party involved. Any settlement achieved would reflect this reduced liability, thereby reducing the amount of compensation paid. If you have questions about eligibility or liability, speak to one of our claims team.

What Is The Law In Regard To Learner Drivers?

In order to answer the question, “if there is an accident during a driving lesson who is negligent?” we need to look at the law in the UK relating to learner drivers. To drive on public roads in the UK, you must have either a full licence (allowing you to drive alone), or a provisional licence (allowing you to drive with supervision).

As a learner driver, you must be supervised by another qualified driver such as an instructor, who is 21 years of age or older and who has held their full licence for more than three years. All “learner” drivers must display red “L” plates on the front and rear of the vehicle they are driving.

The person supervising a learner driver is required to ensure that they are driving safely, obeying all applicable laws, and are generally capable of driving without causing a hazard to other road users.

What Happens If You Crash With A Provisional License?

If you crash whilst a qualified instructor is giving you a lesson, the car will be insured against damage (and road users against injury) through the driving school. However, if you are driving with a friend or family member, this is not necessarily the case.

As a provisional driver, you need to be insured on the car you are driving. The owner of the car can add you to their policy, or you can take out a special provisional insurance policy through another provider altogether. Additionally, you need to have someone in the car with you who is over the age of 21 and has held a full license for over 3 years.

If these criteria are not met, then you are breaking the law. If you are injured without insurance, then you could encounter legal issues when making a claim.

Get in touch if you have any questions.

Statistics For Accidents Involving Learner Drivers

Driving lesson statistics

Consider the graph above; it shows the breakdown of young drivers in the UK. As you will see from the statistics below, young people are the most common group of learner drivers involved in an accident. Consider the following facts:

  • Young people (17 to 24) make up over 7% of all people involved in accidents in the UK.
  • Around 10% of all road traffic accidents in the UK are caused by a learner or an inexperienced driver.
  • Around 27% of all new drivers under 35 will be involved in some kind of RTA within their first year after passing their test.
  • Around 20% of all new drivers over 35 will be involved in some kind of RTA within their first year after passing their test.
  • Around 16% of all new drivers over 55 will be involved in some kind of RTA within their first year after passing their test.

Causes Of Accidents During A Driving Lesson

There are primarily three main causes of an accident while learning to drive. There are others, but these are the most common that are not related to the learner driver themselves:

  • Driving instructor error – in this case, the instructor will have made a mistake, and will not have taken action to avoid an accident (using dual controls). Either the instructor or the driving school could be liable in this case.
  • A vehicle defect – in this case, the learner driver will have been provided with a vehicle that was not fit for use on public roads. An accident will have been caused by a vehicle defect, and the driving school could be liable.
  • A third party – in this case, another driver will have been solely responsible for causing the accident involving the learner driver’s vehicle. In this case, a claim would be made against the insurance company that provided the third party with their motor insurance.

Circumstances In Which An Accident During A Driving Lesson Can Happen

If you have a provisional license and are involved in an accident, you could be able to claim if the accident was not your fault. There are some very common circumstances that lead to road traffic accidents, such as:

  • Speeding – a third party causes an accident due to driving too fast.
  • Negligence – a third party causes an accident due to not paying attention. For example, using their phone while driving.
  • Intoxication – a third party causes an accident due to being under the influence of drugs or alcohol.
  • Road hazards – accidents caused by hazards such as dogs, cattle, and other obstructions on the road.
  • Pedestrians – accidents caused by pedestrians stepping out into the road.

Another Vehicle Pulled Out On Me Causing A Accident On My Driving Lesson, Can I Make A Claim?

If you are involved in an accident during a driving lesson, insurance companies would be pursued for compensation if a third party was the cause of the accident. A good example of this is when another driver pulls out of a side road without paying due care and attention. If the learner driver collides with the vehicle that has pulled out in front of them, then the other driver’s insurer could be liable to pay compensation.

Frequent Injuries From An Accident Involving A Learner Driver

There are a number of very common injuries caused by road traffic accidents that a personal injury solicitor could be able to process a claim for. These include:

  • Neck injuries – these are very common, with whiplash being the most claimed for injury in the UK each year.
  • Lower leg injuries – can occur in a front-end impact, forcing the legs into the pedals.
  • Fractured bones – these can range in severity from simple fractures to fingers or toes, through to compound fractures of the neck or back vertebrae.
  • Back injuries – either soft tissue injuries or damage to the spine itself.
  • Concussion – the most common form of head injury. Often minor in severity, but can be much more serious, or even fatal.

What happens if you crash with a provisional licence?

In this section, we’ll discuss what happens if you crash with a provisional licence. You might be interested to know that you can still possibly claim compensation, but only if the other driver was negligent and you have evidence to prove this.

Evidence you could consider collecting to prove your injuries could include a diagnosis from a medical professional. If you are eligible to work with a solicitor from our panel, they could arrange for you to have a private medical assessment.

Additionally, it’s important to exchange insurance details with the other party in order for a claim to be made. However, if a driver has left without giving you their information, that doesn’t mean you can’t claim. Whether you were involved in an accident with a driving instructor, or a hit and run, you could potentially claim via the Motor Insurers’ Bureau (MIB). The MIB offers compensation to those injured in hit and runs or to those injured in accidents where the faulting motorist was not insured.

For any questions on topics such as hit and run consequences in the UK, call us at any time on the phone number displayed in the banner at the top of this page.

Whiplash Injuries Suffered In An Accident With A Learner Driver Or A Driving Lesson

Whiplash from car accident

Whiplash from car accident

Whiplash is the single most commonly claimed for road traffic accident injury in the UK. In the past, it has been the basis of fraudulent claims. Therefore, if you are going to use a personal injury lawyer to process a whiplash claim for you, as part of the claims process they will ask you to attend an assessment with an independent medical professional. The results of this examination can be used as evidence when you make your whiplash claim. We can arrange for you to have a free medical examination in your local area. Please speak to one of our claims team to organise this.

Time Limits To Claim Damages If Involved In A Driving Lesson Accident

There is a personal injury claims time limit in place, within which you are going to need to make your claim. The table below shows what these limits generally are. If the accident was longer ago than this, contact our claims team to discuss whether you could still proceed. 

Circumstances of Claim Time Limit
If you were over the age of 18 when you suffered the injury. 3 years from the date of the accident.
If you were under the age of 18 when you suffered the injury. 3 years from your 18 th birthday.

Will The Whiplash Reforms Affect My Claim?

The process of how certain road accident compensation claims are made in England and Wales has changed due to the introduction of the Whiplash Reform Programme.

You will now need to make your claim via a different avenue if you are a driver or passenger of a vehicle over the age of 18 who suffered injured valued at £5,000 or less, such as whiplash.

Your whiplash injuries will now also be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are fixed amounts. Any additional injuries you have suffered that are not covered by this tariff will be valued traditionally.

Contact our advisors today if you are unsure which avenue to take when making your claim. They can also help answer questions such as ‘What happens if you crash with a provisional licence?’ and ‘What happens if you crash in your first year of driving in the UK?’

What Should I Do If I Have An Accident Involving A Learner Driver?

To answer the question, “what happens if you crash during a driving test?” here are some things you can do to prepare for making a claim:

  • Get the insurance and licence details of every driver involved.
  • Take photographs of the scene of the accident.
  • If there were witnesses, get their contact details.
  • Visit the hospital to get treated.
  • Ensure the police have a record of the accident.

No Win No Fee Claims For Accidents During Driving Lessons

All of the solicitors on our specialist panel offer a No Win No Fee claims service to people all across the UK. They don’t charge a fee to begin working on your claim, and they don’t charge a fee as they work on your claim either. If they fail to secure you any compensation, they still won’t charge a fee. When they do win you a settlement, your solicitor may ask for a small percentage of the compensation to help them cover their costs. This is called a success fee, which is capped by law.

Why Make A Claim With Our Expert Team?

If you have had an accident on a driving lesson, then the process of making a claim is simple. Just call one of our team and they will help you through our claims process. We will always try and win you the maximum amount of compensation we can, and will do our utmost to make sure your claim is a success.

Reach out to our team by email, web chat or phone. Our team will evaluate whether you have a valid claim. We will move on to processing your claim for you.

Call Our Advisors Today

Are you ready to begin your claim for a road traffic accident as a learner driver? Do you need some advice on how to make a claim? If so, call us on 0161 696 9685 and speak to one of our claims team today. They will be ready and waiting to assist you.

Advice And Resources

The links below are relevant to this guide, and you may find them useful:

The law and learner drivers

UK Government advice for learner drivers

NHS information on whiplash injuries

Workplace Rights 

No Win No Fee Claims

Other Car Accident Claim Guides

Guide by CR

Edited by DEG