Last Updated 3rd March 2026. Driving lessons are a vital opportunity for prospective drivers to get used to the road and prepare for their test. If you suffer harm because of an incident during a lesson, you may wonder what you can do about it. Our driving lesson accident claims guide answers key questions regarding personal injury compensation, including:
What happens if you crash during a driving lesson?
Who is responsible if a learner driver crashes and it wasn’t the learner’s fault?
What compensation can you receive from a learner driver accident claim?
We also discuss the work our No Win No Fee solicitors do to help people claim fair and reasonable compensation. Learn how you could get expert representation while paying nothing for their work at all unless they help you secure a payout.
For any questions about personal injury claims, reach out to our advisors today. All our support channels are free and services range from answering simple questions to carrying out a full assessment of your potential compensation claim. Speak to an advisor now to find out if you have a valid learner driver accident claim.
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Who Is Responsible For An Accident During A Driving Lesson?
Learner drivers have the same duty of care that qualified drivers do when using the roads, meaning they should also take reasonable care to reduce the risk of an accident whilst driving. They should also abide by the driving lesson rules to avoid serious injury.
As outlined in Annex 3 of the Highway Code, learner drivers must have a valid provisional licence and can only drive a vehicle that displays red L plates. Additionally, learner drivers must be supervised by someone over the age of 21 who is fully licensed. If an accident happens and these rules aren’t followed, the learner driver has acted negligently and may be liable for any harm caused. However, the driving instructor will have insurance that covers the learner driver, meaning you could claim on their insurance.
It’s worth noting that the instructor could be liable for a road traffic accident if they act negligently. For example, they may supervise a learner driver whilst under the influence of drugs or alcohol. Additionally, they could also be on their phone and therefore not paying attention to the roads, when it is a driving instructor’s duty to do so. In these circumstances, you would claim against the instructor.
If you are a learner driver or instructor, you may make a car accident claim against another driver if you can prove that they acted negligently and caused an accident in which you were injured. Get in touch at any time and we can go through the vehicle accident claim process with you free of charge.
Can You Claim If You Were Injured During a Driving Lesson?
You can claim if you were injured during a driving lesson if you are able to prove that the negligent actions of a third party directly caused you to suffer an injury.
Please find the specific eligibility criteria below that ensures validity of driving lesson accident claims:
You were owed a duty of care – In simple terms, this means that another person, business or organisation owed you a duty of care to navigate safely and adhere to the road safety laws in place.
The duty of care owed to you was breached – You must be able to prove that the duty of care owed to you was breached in some capacity. An example of this might be your instructor is on their phone while you are driving, which results in an accident because the instructor wasn’t paying attention to predict and avoid potential dangers.
The breach caused you to suffer an injury – Lastly, you must have suffered a physical or psychological injury as a direct result of this breach. For example, when the instructor finally notices the hazard, they use their own brakes to perform an emergency stop, which results in you suffering whiplash.
Can You Claim If You Were The Learner Driver?
Yes, you can claim if you were the learner driver, as long as you can prove that the negligent actions of a third party resulted in you getting hurt.
Claiming If You Were the Driving Instructor
You can make a claim if you were the driving instructor, if you are able to prove that another road user’s negligent actions directly caused you to get injured.
Can A Claim Be Made If You Were A Passenger In The Lesson Vehicle?
Yes, a claim can be made if you were a passenger in the lesson vehicle as long as you can demonstrate via evidence that another road user’s negligent actions directly resulted in you getting harmed.
Can You Claim If You Were a Third-Party Driver Or Pedestrian?
You can claim if you were a third-party driver or pedestrian, if you can prove that those in the learner driver vehicle were negligent and this directly caused you to get hurt.
Did you know that you can have your eligibility assessed at no extra charge during a free consultation with one of our advisors? Call us today to find out more about making a learner driver crash claim.
What Evidence Is Needed for a Driving Lesson Accident Claim?
The evidence that is needed for a driving lesson accident claim includes items like your medical records and video footage of the accident scene that demonstrates that the negligent actions of a third party directly resulted in you getting hurt.
To make things a little easier, we’ve provided step-by-step guidance on how to collect proof to fortify and strengthen your claim below:
Get medical treatment as soon as possible – Seeking medical treatment immediately after the accident keeps your health in order and also creates an official record that you did, in fact, get injured.
Collect evidence right away – Collecting proof straightaway, such as the insurance details of other drivers involved and taking video footage of vehicle damage and debris on the road, strengthens the validity of your learner driver accident claim.
Report the accident – Reporting the accident as soon as you are able to the police creates an official record of the incident and will be used to fortify the integrity of your claim.
Keep ongoing records – Keep an ongoing record of the symptoms you are experiencing on a daily basis, including any treatment, as well as any psychological suffering and financial losses you have incurred.
Speak to a personal injury solicitor – Speaking to a personal injury solicitor will drastically improve the chances of your learner driver accident claim being successful, as your solicitor can not only help you gather evidence but can also gather eyewitness statements.
If you need fast and clear guidance on gathering evidence or generic advice on driving lesson accident claims, please call us for free today.
I Have Whiplash After A Driving Lesson Accident – How Do I Make A Claim?
Whiplash is a common injury following a car accident. It is caused during a collision when the head is thrown forwards or sideways due to the impact. This impact puts pressure on the neck ligaments and can result in sprains and strains. Whiplash often gets better over time, but serious cases may involve disc herniation and require physical therapy or even surgery for the most severe cases.
If you are suffering from whiplash due to a personal driver accident, you may be eligible to make a claim. To do so, you will need to establish blame. Legal Expert can help you do this but holding a third party accountable will usually involve proving that another driver has been negligent.
Learner Driver Accident Claims – The Whiplash Reform Programme
The process of how certain low-valued road traffic accident claims are made in England and Wales was changed on 31st May 2021 by the introduction of theWhiplash Reform Programme.
It now means that your claim will have to be made via a different avenue if you were a driver or passenger of a vehicle over the age of 18 who suffered injuries valued at £5,000 or below. Whiplash and minor soft-tissue injuries are covered by this change.
If this does apply to you, then your whiplash injury will be valued in line with the tariff set out in the Whiplash Injury Regulations 2021. These are set amounts. If you are claiming for other injuries that aren’t covered by this tariff, they will be valued traditionally. However, these tariffs might also apply to claims that don’t need to be made via the new method.
For more advice on how to be compensated for whiplash following a learner driver crash or another type of road traffic accident, contact our advisors on the phone or online today.
How Long Do I Have To Start A Car Accident Claim?
If you would like to claim compensation for your injuries caused by a learner driver accident, you must start a driving lesson accident claim within a specific timeframe.
In accordance with the Limitation Act 1980, all those who want to start a car accident claim must do so within three years of the date they sustained their injuries. However, it is understandable that not everyone will have the ability to start a claim within this period therefore, there are some circumstances when this rule will not apply. For example:
If the claimant is under the age of eighteen, the three year time limit will be paused until their eighteenth birthday as minors cannot legally start a claim.
If it is recognised under the Mental Capacity Act 2005 that the claimant lacks mental capacity, the time limit is indefinitely frozen. However, if the claimant regains it, the three year time limit will commence.
Understandably, a claimant may wish to start a car accident claim as soon as possible. Therefore, if the time limit has been paused or frozen on their claim, a litigation friend may be appointed to start a claim on their behalf. Our helpful advisors can give you more information on the role of litigation friends.
We recognise that you may have many questions regarding the time limit for learner driver accident claims. You may also have more specific questions such as, ‘What happens if you crash during a driving lesson?’ However, you can contact us anytime to have them answered to get your claim started as soon as possible.
Common Injuries For Driving Lesson Accidents
Whilst learner drivers should expect that lessons will go safely with their instructor or supervisor acting to safeguard them if a learner driver crashes a car, this can lead to several common injuries. The injuries that could make up your driving lesson accident claims can vary in severity.
Neck injuries– whiplash to the neck is a common injury experienced after a car crash. The impact can damage ligaments in the neck, causing pain and discomfort and disc herniation in the most severe cases.
Lower leg– Lower legs can be crushed on impact in a car accident, and subsequent leg and knee injuries can vary in severity from bruises and cuts right through to broken bones. Knees can be dislocated, and ligaments are torn. Even ankles and toes can be damaged.
Fractures and breaks– broken bones always need hospital care. A cast may be sufficient, but surgery may also be needed. It depends on the bone and severity of the break. Serious cases may even need metal plates and screws. The most serious type of break is a compound fracture in which the bone sticks out of the skin. This is considered to be a major emergency.
Back Injury – backs can be harmed as a result of the impact. A supportive brace may be sufficient treatment for minor cases, whilst greater damage can result in a temporary or even permanent loss of mobility.
Concussion– concussion is a brain injury caused by a significant impact on the skull, which shakes the brain. In the case of a collision, a driver’s head could hit the steering wheel or windscreen. And this could result in symptoms such as vomiting, headaches and disorientation. A mild concussion can be resolved with rest, but more serious cases may result in surgery.
Compensation Payouts For Driving Lesson Accident Claims
If you make a successful learner driver accident claim, then your compensation settlement could include general and special damages.
General damages compensate you for the physical pain and mental suffering caused by the injury. Those who value general damages for a driving lesson accident claim may consult the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for many different types of injuries.
In the table below, we’ve provided some of the figures featured in the JCG. Please only use it as guidance. Also note that the first and final two entries of the table are not based on the JCG. The last two entries are tariffs from the Whiplash Injury Regulations 2021, which we mentioned earlier in this guide.
Injury Type
Severity Of Injury
Typical Award Bracket
Multiple serious injuries and special damages
Serious
Up to £500,000+ where also awarded special damages including things like loss of wages, loss of future earnings and private medical care.
Brain or head injury
Moderately severe - The injured person will be very seriously disabled.
£267,340 to £344,150
Neck injury
Severe (i) - The injured person will have a neck injury associated with incomplete paraplegia or resulting in permanent spastic quadriparesis.
In the region of £181,020
Neck injury
Moderate (i) - This level of award covers injuries such as fractures or dislocations which cause severe immediate symptoms.
£30,500 to £46,970
Arm injury
Severe injuries - Injuries in this bracket fall short of amputation but which are extremely serious.
£117,360 to £159,770
Leg injury
Severe (iii) Serious - This level of award covers serious compound or comminuted fractures or injuries to joints.
£47,840 to £66,920
Leg injury
Severe (iv) Moderate - The injured individual will have sustained serious compound or comminuted fractures or injuries to joints or ligaments resulting in instability.
£33,880 to £47,840
Elbow injury
Less severe injuries - Injuries causing impairment of function for the injured claimant.
£19,100 to £39,070
Whiplash
Whiplash injury plus a minor psychological injury lasting between 18-24 months.
£4,345
Whiplash
A whiplash injury with symptoms lasting 18-24 months.
£4,215
In addition to general damages, you may also be able to claim special damages when making a learner driver crash claim. Special damages compensate you for financial losses or expenses caused by the injury. To claim special damages, you will need to provide evidence, which may include documents such as bank statements, invoices and receipts.
Some examples of potential special damages include:
The costs of home care provisions.
Loss of earnings related to unpaid time you’ve taken off to recover from your injuries.
Travel costs for attending medical appointments, such as taxi fares or train tickets.
Contact our advisors for free today to learn more about how much your driving lesson accident claim may be worth. Our team can also answer other questions you may have about claiming, such as “if a learner driver crashes, who is responsible?”
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How Could Working With A Solicitor Help Me Make A Driving Lesson Accident Claim?
You don’t have to instruct a solicitor in order to start your driving lesson crash claim, but it can help to have an expert guide you through the process. Our solicitors at Legal Expert have years of experience advocating for claimants with valid driving lesson accident claims, so if you’re wondering ‘what happens if you crash during a driving lesson?’, we are here to help.
By choosing to work with one of our expert solicitors, you could expect tailor-made advice and personalised support throughout the entire process. Some of the benefits include:
Help with gathering evidence to support your case.
Explanations of complex legal jargon.
Regular updates about the progress of your claim.
Legal advice and guidance throughout your case.
Years of experience and education, expert understanding of driving lesson accident claims.
Arranging an independent medical assessment where needed
Communicating on your behalf with the other parties and the courts
This isn’t all that our solicitors could help you with; they can handle the entire claims process to ensure that you focus on your recovery after experiencing a driving lesson crash. We understand that for claimants, it can feel daunting and overwhelming to start a claim, which is why our solicitors can handle the process for you.
Get in touch with us today to explore how we can help you get started with your own driving lesson accident claim
No Win No Fee Driving Lesson Claims Explained
If you have limited finances, you may worry about how you will pay for legal representation. No Win No Fee means that you will not be required to pay a fee upfront.
If you do not win your case, then there will be no success fee to pay your solicitor. Any fees payable in a successful claim will be taken out of your compensation as a legally capped percentage.
Call Legal Expert today, and we can help you get started with your claim as soon as possible. Our free phone number is 0800 073 8804, or contact us using our online form.
An advisor can offer advice on learner driver accident responsibility to help you understand who was liable for the accident.
Frequently Asked Questions
Below, we have answered some of the most common FAQs in relation to driving lesson accident claims:
Who Is Responsible If A Learner Driver Causes An Accident?
The party responsible if a learner driver causes an accident would be the road user whose negligent actions directly caused someone to get hurt.
Can I Claim If The Other Driver Was Uninsured?
Yes, you can claim if the other driver was uninsured, and you would do so via the Motor Insurers’ Bureau (MIB), which compensates claimants who have been in accidents involving uninsured or untraceable drivers.
Can I Sue My Driving Instructor After An Accident?
You can sue your driving instructor after an accident as long as you can prove that your instructor was negligent in some capacity and this directly caused you to suffer an injury.
Can Parents Claim On Behalf Of A Learner Under 18?
Yes parents can claim on behalf of a learner under 18 and they would do so as a litigation friend. This role allows a trusted adult to claim on behalf of a minor and handle the decision making, representation and communication relating to the claim.
Does A Driving Instructor’s Insurance Cover Accidents?
Yes, a driving instructor’s insurance covers accidents involving learner drivers and other road users, including vehicle damage, injuries, and liability during lessons.
Will Making A Claim Affect My Ability To Take My Test?
Typically, making a claim will not affect your ability to take your test; however, certain influential factors can impact your test-taking, especially if a previous incident affects your vehicle or the status of your license.
What Happens If The Instructor Failed To Use The Dual Controls?
If the instructor failed to use the dual controls, it can be a serious safety oversight as the instructor failed to intervene at the right time, which is a legal requirement.
If you require more in-depth information regarding any of the above FAQs, please don’t hesitate to contact one of our advisors at a time that is convenient for you.
The highway code was first published in April 1931, but regular additions have relevance to today’s drivers. The Road Traffic Act 1988 sets out the duty of care for other road users.
Get more information on claiming for a laceration injury and scarring with our helpful guide.
Thank you for reading our driving lesson accident claims guide. If you’ve had an accident as a learner driver, you can contact us for free at a time that works for you to see if you can claim. To learn more about learner driver accident responsibility and receiving compensation for a new driver car accident, you can call us using the above details.
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