Learner Driver Car Accident – No Win No Fee Claims

Learning to drive can be an exciting thing for a person to do. But it is also something that they should take care to do safely. Unfortunately, however good the tuition or however dedicated the learner is, sometimes things can go wrong on a driving lesson.  And if someone has injured you in a learner driver car accident, you’ll know this only too well.         

If you have suffered an injury when you’ve been hit by a learner driver either as a pedestrian, another driver, cyclist or another type of road user, could you claim compensation for your injuries? If this is the question you’re asking, this guide could offer the answer.

learner driver car accident

In the sections below, we explain the types of compensation you could claim if someone has injured you in a learner driver car accident. We’ll discuss who could be liable for the accident in a number of different scenarios. Additionally, we’ll look at how common such accidents are.

We’ll also offer some advice on getting help from a solicitor when making such claims. And we’ll look at how to do so without having to fund them upfront. If you’d like to benefit from free legal advice on making a personal injury claim of this type, you can call our friendly team. They’re available at any time on 0161 696 9685.

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A Guide To Learner Driver Car Accident Claims

While it may be exciting for a learner driver to get behind the wheel of a car, it is certainly something that they should do in a way to mitigate the risk of errors that could lead to car accidents. This is why people must pass a test before legally driving on their own. But what happens if someone suffers an injury caused by a learner driver? Could they claim against a person that is only just learning the rules of the road? Or would their claim be against the person who is teaching a learner to drive? If someone has injured you in a learner driver car accident, these are just some of the questions you might have.

Whether you’re a parent of a child hit by a learner driver, have been struck by a learner driver yourself, or have been injured as a road user in a learner driver car accident, if the accident was not your fault, you could be eligible to claim compensation. This guide has been designed to give you lots of useful information on what could cause such an accident, the statistics relating to learner driver car accidents, and how to go about making a claim for compensation if you’re eligible.

We also offer some useful insight into how compensation payouts for a car accident claim could be calculated. And we explore what damages could be included. Whether you’ve been injured in a rear-end crash, or a pedestrian accident by someone with a provisional licence, this information should help you ascertain whether you’d be eligible to claim compensation. For free legal advice specific to your case, you can call the advice.co.uk team any time.

Learner Driver Car Accident Compensation Calculator

Solicitors value compensation payouts for a personal injury claim by examining the specific circumstances and facts of each case. No two personal injury claims are precisely the same. In order to calculate compensation for a personal injury, solicitors must examine all of the evidence relating to what damages and injuries are caused. Only then could they arrive at appropriate compensation amounts.

As part of a driving lesson accident claim, you would have to have your injuries assessed by an independent medical professional.  They would use your past medical notes (if available) and the results of your examination to produce a medical report that explains your injuries in detail. And they’d offer their professional opinion on your prognosis for recovery.  The report should also indicate whether the accident worsened (if not fully caused) your injuries. If it concludes the accident did cause them, you (or your solicitor, if you choose to use one) could use the report to help calculate compensation payouts for the pain and suffering you experienced.

The Judicial College Guidelines

There is a legal publication that courts and lawyers can use to value compensation amounts for specific injuries. This publication is the Judicial College Guidelines. We have taken some figures from these guidelines to illustrate how much compensation could be appropriate for just some of these injuries. If you can’t see the injuries you’ve sustained in the table, please feel free to call our team. We believe this could be more useful than using a personal injury claims calculator to get some insight into compensation amounts for injuries.

Injury Judicial College Guideline Bracket Further notes
Severe neck injuries (iii) £42,680 – £52,540 Injuries that cause dislocations or fractures or severe soft tissue damage leading to chronic conditions and significant permanent disabilities. The award would be dependent on the time within which the most severe symptoms were ameliorated, the extent of treatment and the prognosis.
Moderate neck injuries (ii) £12,900 – £23,460 Cases that involve wrenching or soft tissue injuries as well as severe disc lesions that cause cervical spondylosis, recurring or permanent pain, limitation of movement and the need for surgery/vulnerability to further harm.
Minor neck injuries (i) £4,080 – £7,410 The claimant’s full recovery would take between 1 and 2 years.
Severe back injuries (iii) £36,390 – £65,440 Disc or vertebral body fractures, disc lesions or soft tissue injuries that lead to chronic conditions. Disabilities would remain despite treatment such as depression, severe discomfort/pain, impairment of agility and impaired sexual function.
Moderate back injuries (ii) £11,730 – £26, 050 Could include frequently encountered back injuries such as the disturbance of muscles and ligaments, giving rise to backache.
Severe knee injuries (ii) £48,920 – £65,440 Leg fractures which extend into the joint of the knee resulting in constant permanent pain, limitation of movement, impairment of agility, and leading to a risk of osteoarthritis.
Wrist injuries © £11,820 – £22,990 Less severe damage but where there is some continuing disability, for example, stiffness and pain.
Scarring (bodily) £7,350 – £21,330 Where there are a number of visible laceration scars or 1 disfiguring scar to the hand, back, arm, chest or leg.

Special Damages Which May Be Claimed

When making a personal injury claim, you could claim both special and general damages.

General Damages

These are designed to compensate victims for the pain and suffering their injuries cause them. The table above offers some insight into how much these compensation payouts could be.

Special Damages

These are designed to compensate for financial expenses the victim suffers as the result of a personal injury. They could include:

Medical Expenses

If you’ve had to pay for physiotherapy, counselling, or prescription medications, these could all be costs you could reclaim through a driving lesson accident claim.

Income Losses

Some injuries may necessitate you taking time off work while you recover. If you’ve lost out on income because of this, you could claim compensation for loss of income.

Travel Expenses

Trips to hospital appointments or appointments with your personal injury lawyer may cause you to incur travel expenses. You could claim these as special damages.

Care Costs

If the injuries sustained were serious enough that you couldn’t look after yourself, you could incur care costs, which could be included in your claim.

What Is A Learner Driver Car Accident?

A learner driver car accident is an accident in which a learner driver is involved in. Whether it involves a rear-end accident, a failure to stop at a traffic light causing them to hit a pedestrian, or a crash at a junction, a learner driver car accident could cause injuries to the driver, their instructor or supervisor or other road users and pedestrians.

Learner Driver Accident Responsibility

To be able to claim compensation for injuries in a car accident in which a learner driver was involved, it is essential that you establish responsibility/liability. In driving lesson accidents, there are several people who could be at fault:

  1. The instructor/supervisor, if they were not paying attention and did not instruct or intervene to stop an accident.
  2. The learner driver, as they are required to take as much care as qualified drivers to avoid causing an accident.
  3. Another road user.

What If Liability Was Split?

If you were injured in a car accident with a learner driver and you were partially at fault,  you could still claim compensation. However, the amount you would receive would usually be lower to reflect your liability.

What Could Cause A Learner Driver Car Accident?

There are lots of different potential causes of a learner driver car accident. They could include;

  • Other road users driving aggressively, or not giving a learner driver enough space or time to move off. They may even beep their horn at the learner, causing them to panic.
  • An instructor being distracted when they were supervising a driving lesson, perhaps by their mobile phone.
  • A learner not paying attention to the road.

Whatever the cause of a car accident with a learner driver, injured parties could seek compensation for the injuries they sustained in such an accident if they were not at fault. Our advisors could offer free legal advice over the phone to find out whether you could claim for injuries sustained in an accident with a learner driver.

Liability In Learner Driver Car Accidents

Proving liability in a learner driver car accident involves looking carefully at how the accident occurred and who was deemed to be at fault. Learner drivers are required to take just as much care and attention to safe driving practices as full licence holders.

If a learner driver is driving their own vehicle, they should ensure they have a provisional driving licence, have L plates on their vehicles and have taken out the required insurance, as per the Motor Vehicles (Driving Licences) Regulations 1999 and the Road Traffic Act 1988They should also be accompanied by a driver of 21 years old or over. That driver should have held their full driving licence for at least 3 years.

Legal Requirements For Driving Instructors

A driving licence holder that is over 21 must supervise a learner driver. Those who are acting as a supervisor or a driving instructor are required to have the appropriate insurance.

Driving instructors have a duty of care to ensure that their student drives safely and does not cause risk to other road users, pedestrians or themselves. They also have a duty of care to ensure they intervene where possible to prevent a dangerous incident from occurring.  If a learner believes that their instructor did not behave appropriately when supervising a driving lesson, they could report the instructor.

Provided you can prove that the instructor’s negligence caused a learner driver car accident, it could be possible for you to claim for the injuries they caused you.

If you’ve been injured in an accident as a learner driver, or because of a learner driver whose instructor has been negligent, our advisors could provide you with case-specific free legal advice to see if you could have a valid claim.

Learner Driver Car Accident Whiplash Injury Claims

One common injury caused by accidents on the road is whiplash. This is an acceleration/deceleration injury whereupon the head jerks back and forth rather violently, stretching and straining the muscles and tendons in the neck. While the effects of whiplash may not be felt right away after an accident, it is important to seek medical advice after a car accident, as symptoms of whiplash may cover a more serious injury. A visit to a medical professional after a learner driver car accident could provide a record of your accident and your injuries. It could also ensure that you have the most appropriate treatment/advice to help you manage such an injury.

A common cause of whiplash could include a rear-end accident. If a learner driver crashes a car into the back of yours, the resulting force could cause this type of injury. If the accident you suffered whiplash in was not your fault, then you could have a claim for personal injury.

Back, Head And Other Common Car Accident Injuries

There are lots of other injuries that someone causing an accident while learning to drive could cause another person. Depending on the severity of the crash, the speeds involved and the nature of the crash, injuries could include:

  • Cuts and scrapes
  • Head injury
  • Back injury
  • Internal injury
  • Broken rib
  • Internal bleeding
  • Herniated disc
  • Knee injury
  • Broken bone
  • Fractures

According to the Department For Transport, in 2019, there were 1,752 reported fatal accidents on British roads. 25,945 people were reported as seriously injured and 153,158 reported casualties of all severities. The DfT injury classes include:

  • Fatal accidents – where someone has suffered an injury that has led to death within 30 days of the accident.
  • Serious injuries – where someone requires treatment at a hospital as an in-patient. This could include concussion, fractures, internal injuries, burns (not including friction burns), crushings, severe lacerations, severe shock requiring treatment and injuries leading to a death that occurs more than 30 days after an incident.
  • Slight injuries – a minor injury, which could include sprains, slight shock bruises or cuts that are not severe.

No matter what type of injury you’ve sustained in a learner driver car accident if the accident was not your fault, you could claim compensation for your injuries.

Car Accidents Caused By Another Driver Pulling Out In Front Of You

If a learner driver pulled out on you when they shouldn’t have done, and caused an accident, then they could be liable for any injuries you’ve suffered as a result. However, sometimes, despite a learner driver having L plates, which usually indicate to other drivers that they may need a little more time and space, some drivers do not take extra care. Aggressive driving practices by other drivers could also cause a learner driver car accident. If another road user pulled out on a learner driver due to recklessness, a resulting accident could be considered their fault.

Learner And New Driver Car Accident Statistics

According to the road safety charity, Brake, young drivers could be considered at risk on the roads, due in no small part to their age and inexperience.  Some of the statistics they have collected on young drivers include:

  • 1 in 2 young drivers passes their test at their first attempt.
  • 1 in 5 drivers crash within 1 year of passing their driving test.
  • 1,500+ young drivers are seriously injured or killed on UK roads every year.

According to the Government’s statistics, there are a number of incidents that have been recorded as happening during driving lessons. According to the figures from April 2017 to June 2017, there were

  • 2 high impact incidents (causing injuries such as broken bones).
  • 25 medium impact injuries (causing injuries such as cuts and scrapes).
  • 70 low impact injuries (causing injuries such as bruises).

Between July 2017 and September 2017 there were

  • 0 high impact incidents.
  • 12 medium impact injuries.
  • 75 low impact injuries.

We can clearly see that incidents can and do happen during driving lessons. If you have been injured as the result of an accident on a driving lesson that wasn’t your fault, our advisors could offer you free legal advice to see if you could have a claim for compensation.

No Win No Fee Learner Driver Car Accident Claims

You may have heard that it could be possible to make a claim with a  No Win No Fee solicitor for accidents that aren’t your fault, but you may not know how such claims work. Here is a brief explanation.

  • No Win No Fee solicitors allow claimants to obtain help from a personal injury solicitor without paying them before the case ends.
  • They are documented under a Conditional Fee Agreement (No Win No Fee Agreement). This specifies the success fee payable in cases where compensation payouts have been achieved.
  • Once a claimant had signed an agreement with the solicitor, they would begin to fight for compensation on the claimant’s behalf.
  • Once a compensation settlement had been paid out, the success fee would then be deducted for the solicitor, and you’d benefit from the rest.

What Happens If A Claim For A Learner Driver Car Accident Doesn’t Result In Compensation?

If your claim isn’t successful, and no compensation payout is achieved, you won’t be asked to pay the solicitor’s success fee. If you’d like to read more about No Win No Fee terms, you can read our handy guide. Alternatively, you can call our team for assistance.

Why Choose Our Friendly Team?

Are you getting close to the personal injury claims time limit? Do you want to find a personal injury solicitor to help you claim for a learner driver car accident that has caused you injury? We could help you. Our advisors have many years of knowledge and experience in the claims sector. And as well as offering you free legal advice tailored to your specific case, they could connect you with an experienced legal professional to help you with your claim.

All you need to do is:

Contact our team through live chat, contact form or by phone. Our expert advisors will assess your case. If you’re ready to claim, we can help you get started.

Talk To An Expert

If you’re looking for free legal advice about a learner driver car accident, our advisors could help you. They’d be happy to check your eligibility to claim or provide you with information on compensation amounts for specific injuries. They could even help to connect you with a personal injury lawyer that could assist you with your claim. All you need to do is get in touch:

Related Services

Anxiety After A Car Crash – If your mental health is suffering after a learner driver car accident that wasn’t your fault, you could claim compensation. This guide provides information on doing so.

Soft Tissue Injury Claims – If you’ve suffered a soft tissue injury when you were hit by a learner driver, this guide explains more about making a claim for compensation.

Advice on how to claim compensation for an accident during a driving lesson if you were injured as a learner driver.

Report An Instructor – If you think a driving instructor has treated you unfairly or been negligent, you could report them here.

Pass Plus – Pass Plus courses help drivers improve their safety on the roads. Find out how this scheme could help here.

Learner Driver Requirements – This page, on the government’s website, gives details of the requirements for learner drivers.

Other Car Accident Claim Guides

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