This guide on driving lesson accident claims will explain when you may be eligible to claim compensation if you’ve been injured in an accident involving a learner driver. We’ll also look at what learner drivers can do if they’ve crashed during a driving lesson due to somebody else’s negligence and were injured as a result. As well as looking at the types of car accidents that could result in a claim, we’ll review how much compensation could be awarded for a range of different injuries.
We’re here to help if you’re not sure about what steps to take next. Our specially trained advisors offer free consultations to review your claim. They’ll listen to what happened, answer any questions and provide free legal advice. If the claim has a decent chance of success, we could partner you with one of our personal injury solicitors. They’ll represent you on a No Win No Fee basis if your driving lesson accident claim is accepted.
Please call today on 0800 6524 881 if you’d like free advice on driving lesson accident claims. Alternatively, please read on to learn more.
Table of contents
- The Law Regarding Learner Drivers
- Am I Eligible To Make A Driving Lesson Accident Claim?
- I Was Injured In A Crash During A Driving Lesson, What Are My Options?
- How Much Compensation For A Driving Lesson Accident Could I Claim?
- Evidence To Support A Driving Lesson Accident Claim
- Time Limits For Driving Lesson Accident Claims
- Starting The Driving Lesson Accident Claims Process
The law is very clear regarding driving lessons and learner drivers driving a car on public roads. Learner drivers must:
- Be at least 17 years of age.
- Hold a valid provisional driver’s license.
- Display L-plates on their vehicle.
- Be supervised by a driver who is over 21 years old and has a full UK driver’s license which has been clean for 3 years.
These legal requirements are in place for both the safety of the learner driver as well as other motorists and pedestrians. While driving, learners must drive as safely as possible i.e. they must adhere to road signs, obey traffic signals and obey the speed limit.
In the Court of Appeal, it was confirmed that a learner driver must adhere to the same standards expected of qualified drivers (Nettleship v Weston ) meaning they will be shown no leniency during a compensation claim just because they are a learner driver.
All road users have a duty of care to try and protect each other by driving as safely as possible. This duty comes from the Road Traffic Act 1988. If you are to make a driving lesson accident claim, you’ll need to demonstrate that:
- The defendant breached their duty of care towards you; and
- Caused an accident; and
- You sustained an injury during that accident.
As we progress, we’ll look at what evidence you can use to support your claim and whether you’d claim against the learner driver or their instructor.
It’s important to note that if you were injured in a car accident caused by somebody else while on a driving lesson, you do not have to claim through your instructor’s insurance policy. You are free to lodge your own claim with any solicitor you choose.
Driving lesson accident claims might be possible if an accident occurred because the other driver:
- Became impatient because you were driving slowly and crashed into the back of you.
- Pulled out in front of you to try and get ahead of you and caused a collision.
- Was drunk or under the influence of drugs.
- Was not paying attention (careless driving).
- Acted aggressively (road rage).
If you have been injured during a driving lesson and would like to discuss claiming on a No Win No Fee basis, please get in touch with our team today.
If a learner driver caused an accident in which you were injured, it might not be immediately obvious whether the driver or their instructor (or supervisor) was responsible.
In all cases, the supervisor must ensure that both they and the learner driver have adequate insurance in place to cover any driving lesson accidents that might occur.
A driving instructor’s duty of care means they must:
- Ensure the learner driver follows the rules of the road and drives safely.
- Give clear instructions to the learner driver.
- Intervene where necessary to prevent a driving lesson accident from occurring.
If a driving instructor fails to act appropriately to prevent an accident, any compensation claim could be made against them rather than the learner. This might be the case, for example, if the instructor failed to use the car’s dual controls to prevent an accident or if they took a phone call while supervising.
In cases where the learner was completely responsible for the accident and their instructor could do nothing to prevent it, the claim would be against the learner.
We can clarify how your claim should proceed after reviewing the accident for free so please get in touch on 0800 6524 881 to discuss your options.
If you’re injured in a driving lesson accident involving a learner driver (or during a driving lesson), compensation could be claimed to cover:
- Any physical pain and suffering.
- Psychological damage including distress, anxiety, depression or PTSD after a car accident.
- Medical expenses including the cost of physiotherapy where needed.
- Loss of earnings.
- Care costs (to cover the time somebody spent looking after you whilst injured).
- The cost of repairing or replacing items damaged in the accident.
- Travel expenses.
- Future loss of earnings.
- The cost of modifying your home or paying for mobility aids that help make it easier for you to cope with any ongoing disability.
The compensation calculator, below, should give you some idea about compensation payout amounts that might be awarded as a settlement for a driving lesson accident claim.
These figures are guideline amounts only. If you do go on to make a claim, you’ll need to have an independent medical assessment. The expert who examines you will provide a report offering a prognosis for your injuries to both parties involved in the claim. Your solicitor will be able to provide a more accurate compensation estimate once this report has been received.
If you decide to make a compensation claim, it will probably end up with the defendant’s insurance company. They are likely to deny the claim unless you have strong evidence to show how their client caused your accident and your injuries. The evidence that might help you to win your driving lesson accident claim includes:
- Photographs of the accident scene to help prove the cause of the accident.
- Details of any witnesses who saw the accident occur in case liability for the incident is denied.
- Medical records and x-rays from the hospital where your injuries were treated to help prove how serious they were.
- Recordings from CCTV or dashcam if any vehicles had one fitted. You can ask other drivers for a copy of their footage but you will need to do so before it is deleted.
- The personal details of the other driver involved in the driving lesson accident including details about their car and their insurance policy. You should also collect the details of any driving instructor or supervisor.
- Financial records that prove any costs or expenses you include in your claim.
As part of our free consultation, we’ll review any evidence you have collected already. If your claim is accepted, your solicitor will work with you to gather anything else that is required.
In law, all personal injury claims in the UK have a 3-year time limit. For most driving lesson accidents, this will begin on the date of the accident.
While 3 years is a long time, you should act quickly in our experience. The sooner you begin, the better your chances of securing evidence to support your claim.
While some straightforward claims can be processed within 6 to 9 months, more complex cases can take more than a year. This could be the case if extra time is required to assess the severity of your injuries. In these cases, your solicitor could ease the financial burden of waiting for your claim to be finalised by asking for interim payments to be made to cover things like loss of earnings or private medical treatment.
We’re here to help if you’ve decided to make a driving lesson accident claim. You can contact us at any time to discuss your options during a free initial consultation. To speak with one of our specialists, please call today on 0800 6524 881.
If one of our personal injury solicitors agrees to work for you, they’ll do so on a No Win No Fee basis. That means they’ll deal with the defendant on your behalf, gather supporting evidence and fight your corner and you’ll only pay their legal fees if compensation is awarded for your injuries.
Please call today or use our live chat service if you have any further questions on the driving lesson accident claims process.