How To Claim Compensation If Hit By A Learner Driver On A Lesson? – Online Guide

    By Olivia McGhee. Last updated 15th March 2021. Welcome to our guide on how to make a learner driver compensation claim.

    Learning to drive can be an exciting experience for many people and the elation we feel when finally passing our test can be unrivalled. It’s only understandable that new drivers are keen to get onto the road. But it is not always easy or safe. Young drivers or learner drivers are disproportionately more likely to be involved in a car accident due to their inexperience and lack of skill. Learner drivers must be accompanied by either a responsible, experienced driver or by a driving instructor who has a duty of care over the learner driver and other people using the roads. If you are a learner driver who got hurt in a driving lesson accident that wasn’t your fault or if you were a driver or a pedestrian who got hit by a learner driver, you could be entitled to claim compensation.

    With the assistance and support of Legal Helpline, you can access a specialist personal injury solicitor to help you get compensation you deserve. We have put this guide together to help you make an informed decision about taking the next step towards seeking compensation for the injuries you have suffered. If you have any questions or would like to proceed with a claim, then please call us using the number at the top of this page.

    Jump To A Section

    1. A Guide To Claims For Driving Lesson Car Accidents
    2. What Is A Driving Lesson Car Accident?
    3. Causes Of Driving Lesson Accidents
    4. Circumstances In Which Driving Lesson Car Accidents Could Happen
    5. Whiplash Caused By A Driving Lesson Car Accident
    6. Other Types Of Injury Caused By Car Accidents
    7. Who Is Liable For An Accident On A Driving Lesson?
    8. Could I Claim If Another Driver Pulled Out Causing An Accident During My Driving Lesson?
    9. The Law And Learner Drivers
    10. Learner Driver Accident Statistics
    11. Driving Lesson Car Accident Compensation Calculator
    12. What Could I Claim If Hit By A Learner Driver?
    13. What Steps Should I Take If Hit By A Learner Driver?
    14. How To Make A Learner Driver Accident Claim
    15. No Win No Fee Claims If Hit By A Learner Driver On A Driving Lesson
    16. Contact Legal Helpline Today
    17. Supporting Resources

    A Guide To Claims For Driving Lesson Car Accidents

    Learner driver compensation claim

    Learner driver compensation claim

    This learner driver compensation claims guide is designed to inform you how to make legal proceedings if you have been injured in an accident involving a learner driver or if you were a learner driver injured through no fault of your own.

    This guide on how to claim hit by a learner driver compensation and the like will provide information on:

    • How driving lesson accidents might occur
    • Facts, figures and resources about road accidents and road safety
    • Legislation surrounding learner drivers and liability for car accidents during driving lessons
    • How compensation is calculated
    • How No Win, No Fee claims work
    • The benefits are of working with a personal injury solicitor from Legal Helpline

    Please note that this guide is for those who have suffered an accident involving a learner driver. For information on how to claim for a standard road accident, see this article here. You may also find other road accident-related articles useful, such as our guides to bus or taxi accidents for example.

    What Is A Driving Lesson Car Accident?

    Accidents can happen during driving lessons for the same reasons as most driving accidents occur—the negligence of the driver or lack of maintenance on vehicles to make sure they are roadworthy. However, there is an increased risk of learner drivers and newly qualified drivers being involved in car accidents due to their inexperience.

    Learner drivers rely on their instructors to ensure that they can drive safely. Instructors, therefore, have a duty of care to ensure learner drivers are safe and drive safely.

    A learner driver compensation claim could be made by anyone who has been injured as a result of a driving lesson accident that could have been prevented if proper procedure was followed. To learn more about eligibility for hit by a learner driver compensation and the like, please continue on with our guide, 

    Causes Of Driving Lesson Accidents

    There are different ways in which an accident during a driving lesson could occur. Here are a few examples that could establish grounds to make a learner driver compensation claim:

    • A negligent driving instructor giving incorrect guidance and advice to their pupil or otherwise failing to prevent them from being involved in an avoidable collision.
    • A negligent driver causing a learner driver and their instructor to suffer a car accident.
    • A defective car provided by the instructor or the company they work for that is unsafe to drive.

    Circumstances In Which Driving Lesson Car Accidents Could Happen

    There are various circumstances in which you could get hurt in an accident involving a learner driver.

    • You could be a learner driver who gets hurt as a result of the poor guidance of your instructor.
    • You could be an instructor who gets injured in a driving lesson accident.
    • You could be a learner driver who is injured in an accident caused by another driver.
    • You could be a driver hurt in a collision caused by a learner driver.
    • You could be a pedestrian injured by being run over as a result of the negligent driving of a learner driver and their instructor.

    If you experienced something not listed above, then you still may be able to make a learner driver compensation claim. Please call us to discuss your circumstances on the number at the top of this page.

    Whiplash Caused By A Driving Lesson Car Accident

    Whiplash is an injury commonly sustained in car accidents. It’s a neck injury that occurs when soft tissue, such as ligaments and tendons are strained by a sudden jerking motion of the head and neck. It is rarely serious, and in most cases, the symptoms will consist of pain and discomfort in the neck, stiffness, reduced mobility and possibly some difficulty swallowing. These symptoms usually only last a few weeks or months at the most. You can consult this NHS guide for more information about spotting and treating the symptoms of whiplash.

    Although whiplash is fairly minor compared to some types of injuries that can occur in a car accident, the pain, discomfort and disruption to your work and social life could still entitle you to compensation. For more information about claiming for a whiplash injury as part of a learner driver compensation claim, you can read this guide to whiplash injury claims or call our team for a free consultation.

    Other Types Of Injury Caused By Car Accidents

    Road traffic accidents can cause serious injuries. Whiplash, as mentioned above, is, in reality, a more minor form of injury that someone involved in a road traffic accident could expect to receive. Some other injuries that a person could sustain in a crash involving a learner driver on a driving lesson include:

    • Neck injuries: Whiplash has already been mentioned, but neck injuries inflicted by a car accident can be much more severe. Car accidents can cause broken bones in the neck, which can lead to permanent paralysis.
    • Spine injuries: The force of the impact in a car accident can break the vertebra in the spine and damage the spinal cord; this can lead to organ failure and paralysis.
    • Head injuries: A severe injury to the head can cause brain damage which could permanently affect the mental capacity, personality and control and function of the body.
    • Broken bones: The force of the impact of a car accident can cause breaks and fractures throughout the skeleton
    • Burns: In relatively rare cases, a car involved in a road traffic accident can catch fire. Victims could suffer serious burn injuries if they are not able to extract themselves in time.
    • Lacerations: An accident could cause the windows of the vehicle to shatter, inflicting lacerations on the drivers and passengers.

    Who Is Liable For An Accident On A Driving Lesson?

    Liability in the case of an accident during a driving lesson is a little different from cases of accidents that occur with ordinary drivers. Learner drivers cannot be held fully accountable for accidents that occur during their driving lessons due to the fact that they are inexperienced and receiving instruction. Therefore, they are more prone to making mistakes, which a driving instructor must be equipt to predict and handle accordingly.

    During a driving lesson, the driving instructor has a duty of care towards the driver and other road users to ensure that the driving conducted is safe and within the bounds of the law and Highway Code. If an accident occurs during the driving lesson, then the instructor could be held liable if it is found that they failed to provide the guidance and instructions necessary to ensure that the learner driver was driving safely.

    In accidents caused by mechanical faults in the vehicle provided by the instructor or by the driving instruction company, then those parties could be liable. It is their responsibility to ensure that the vehicle being used for the lesson is mechanically sound and safe to drive.

    If the accident was demonstrably the fault of another driver, then the liability will likely fall on them. Drivers have a responsibility to drive safely and with consideration to other road users, including showing extra care when they see a car used by a learner driver. 

    For more potential scenarios which could establish grounds to make a learner driver compensation claim, please continue reading.

    Could I Claim If Another Driver Pulled Out Causing An Accident During My Driving Lesson?

    If an accident was caused by the poor or reckless driving of another road user, then a compensation claim could be made against that road user. All drivers have a duty of care to other road users.  This means they must drive responsibly and with other people’s safety in mind. This duty is even stricter when driving near drivers displaying “L” learner plates.

    The Law And Learner Drivers

    If you are a learner driver, you are required to have an “L” sign on your vehicle where other drivers can see it (in Wales you can use a “D” plate). After you have completed your driving test, you can display a “P” plate to indicate to other drivers that you are not yet a fully confident driver. In Northern Ireland, recently qualified drivers must display an “R” plate for at least 12 months after passing their test and receiving a license.

    There are certain legal requirements of the conditions in which learner drivers can drive. Learner drivers can drive but only when accompanied by another driver over the age of 21 who has held a valid driver’s license in the type of vehicle being operated for at least three years. Fines of up to £1,000 can be issued for those not meeting these requirements.

    Learner drivers must have insurance that covers them; this can be their own insurance if they are driving a car that they own. Alternatively, it can be the insurance of the owner of the vehicle they are driving, so long as that insurance covers learner drivers. You can learn more about the legal requirements of learner drivers on the government website. In the meantime, please read on to learn more about making learner driver compensation claims in order to receive hit by a learner driver compensation and the like. 

    Learner Driver Accident Statistics

    According to a 2019 government report from the Department for Transport, young drivers age 17-24 are more likely to be injured in road traffic accidents. That year alone, there were 287 fatalities as a result of accidents involving young drivers. However, there is a downward trend for these types of casualties, with this number being 7% lower than that of the previous year.

    Young drivers are more at risk of being involved in road traffic accidents at night, ROSPA has found. In particular, 17-20 year old males are then more likely to be involved in collisions than all other male drivers. Between the house of 2am and 5am, the risk is 17 times higher. This risk can increase as a result of anything from pressure from other drivers to driving under the influence of drugs or alcohol.

    According to the road safety charity, Brake, 1 in 5 young drivers are involved in a road traffic accident within the first year of passing their test. As a result, around 4,000 young drivers are seriously injured or even killed on UK roads each year.

    There are various factors behind these high rates, including:

    • Immature brain development resulting in more risk-taking (the pre-frontal cortex does not reach full maturity until people are in their mid-20s)
    • Over-confidence resulting in tailgating, speeding, overtaking and the like
    • Poor hazard assessment as a result of inexperience

    Driving Lesson Car Accident Compensation Calculator

    There is no one set payout figure that a learner driver compensation claim could yield. Compensation is always worked out to meet the individual needs of the victim and to match the severity of their injuries and the effect they have had on their lives. This is typically evaluated through a medical assessment with an independent professional, of which the resulting report is then used as evidence.

    For calculating the value of injuries, solicitors and the courts use a legal publication known as the Judicial College Guidelines as guidance. In the personal injury claims calculator below, you can see how certain injuries associated with car accidents are valued according to these guidelines.

    CompensationNotesCompensation
    Burn scarsScars from burns, exact amount will depend on scale of the burns and their position on the body.Likely to exceed £98,380
    Amputation of both feetBelow knee amputation of both legs£158,970 to £189,110
    Amputation of one footBelow knee amputation of one foot£78,800 to £102,890
    Very severe foot injuryPermanent or severe pain and or disability as a result of an injury to the foot. £78,800 to £102,890
    Total or effective loss of both handsInjuries resulting in the effective loss or total loss of use of both hands,£132,040 to £189,110
    Serious damage to both handsSignificant loss of function and cosmetic damage to both hands,£52,310 to £79,360
    Total or effective loss of one handInjuries causing the loss or near uselessness of one hand,£90,250 to £102,890
    Loss of both armsAn injury that leaves someone largely helpless£225,960 to £281,520
    Loss of one arm (i)Amputation at the shoulderNot less than £128,710
    Loss of one arm (ii)Amputation below the elbow.£90,250 to £102,890

    What Could I Claim If Hit By A Learner Driver?

    In this section, we’ll look at how you could be entitled to hit by a learner driver compensation.

    The figures in the table above represent the value of a head of claim known as general damages. Their purpose is to compensate you for the pain, suffering and loss of amenity inflicted by the injuries. There is a second head of claim that can make up a compensation package. This is known as special damages. Special damages are designed to reimburse you for any financial losses or expenses incurred as a result of the injury.  There are several ways that a severe injury caused by a car accident could impact on you financially. Here are some of the potential causes of financial losses:

    • Loss of ability to work: A severe injury could either temporarily or permanently prevent you from earning an income.
    • Medical expenses: Hopefully, all the treatment you need to recover from the injury will be covered by the NHS. However, some treatments or medication could potentially require you to pay.
    • Care expenses: If you have had an injury that either temporarily or permanently prevents you from living a normal life or seeing to your own needs then you may have expenses relating to the support care you need.

    These are examples of the kind of expenses and losses that could be included as special damages in a learner driver compensation claim.  It is important that you provide proof of these losses and costs, so be sure to keep any documentation relating to them such as copies of contracts and forms. Even minor expenses such as the cost of taking public transport to go to appointments can be taken into account so, by all means, keep hold of bus or train tickets as well.

    What Steps Should I Take If Hit By A Learner Driver?

    You can prepare to make a learner driver compensation claim by taking the following steps to ensure that you give your claim the best chance of succeeding. These steps include:

    • Getting medical attention. This should be your priority if you have suffered any kind of injury. It will ensure that there is a medical record of your injuries.
    • Filing a report. Report the incident to your insurance company and the police; this will stand your claim in better stead later on.
    • Gathering witness details. If there was anyone close by who saw the incident, then try to collect their contact details so that they can be asked to give a statement down the line.
    • Calling us. If there is anything you are unsure about, we can give you guidance on what you can do next to claim compensation.

    How To Make A Learner Driver Accident Claim

    If you wish to make your learner driver compensation claim successful, you will likely require the expertise of a personal injury lawyer. Fortunately, we work with a panel of some of the finest solicitors you can instruct.

    Our panel has decades of experience winning clients their hit by a learner driver compensation and the like, so they can guide you through the process expertly. They will advise you on any offers received and push the opposition for the payout that you deserve. They’ll keep you fully updated on your claim and if, at any time you have a query, they’ll be on hand to take your call.

    No Win, No Fee Claims If Hit By A Learner Driver On A Driving Lesson

    Solicitors can be expensive to hire, which might put some people off trying to make a personal injury claim. However, don’t have that concern when working with Legal Helpline, as our panel of personal injury lawyers offers No Win No Fee agreements to all.

    Entering into a No Win No Fee agreement means you won’t have to pay any fees upfront or during the claim. If the case doesn’t succeed, you won’t have to pay any of your solicitors fees.

    Alternatively, if the case is successful, your solicitor may seek a small contribution toward their costs. This is known as a success fee and would be deducted from the compensation awarded at the end of the claim. Don’t worry, though, as success fees are legally capped and will be discussed with you before your learner driver compensation claim begins.

    Contact Legal Helpline Today

    Legal Helpline will be happy to speak to you about your learner driver compensation claim. If you contact us today to discuss your situation, we could tell you whether you’re eligible for hit by a learner driver compensation or the like.

    To find out more, simply call 0161 696 9685 or fill out this online contact form to get in touch.

    Learner Driver Compensation Claim FAQs

    Here are some common questions about claiming hit by a learner driver compensation and the like.

    Supporting Resources

    Some of our alternative guides may be of further help:

    Alternatively, here are some official resources that provide more information on this subject:

    Guide by JY

    Edited by REG