In this guide, we will discuss how learner driver accident responsibility works in road traffic accident claims.
More specifically, we’ll look at how you could make a personal injury claim following an accident with a learner driver.
We’ll also look at ways in which a learner driver accident could happen.
Additionally, this guide will help you understand how a solicitor could help you with your claim, under a No Win No Fee agreement.
Despite the information we’ve included in our guide, if you have more questions please get in touch by:
- Calling on 0800 408 7825
- Filling out our contact form online
- Using the live chat function below to speak with an advisor
Select A Section:
- What Is Learner Driver Accident Responsibility?
- What Happens If A Learner Driver Has An Accident?
- Statistics For Learner Driver Accident Responsibility
- Top Causes Of Learner Driver Accidents
- How The Whiplash Reform Has Changed RTA Claims
- Learner Driver Accident Claims Calculator
- Start A No Win No Fee Learner Driver Accident Claim Today
- Road Traffic Accident Articles
What Is Learner Driver Accident Responsibility?
Learner drivers must take reasonable steps to prevent them from causing other road users harm. A learner driver has the same duty of care to other road users as a qualified driver. The standard of care required is the care and skill of an ordinary driver and no allowance is made for a learner driver.
According to the Highway Code, learner drivers must hold a valid provisional licence and display red L plates that are clearly visible and conform with legal specifications.
In addition, they must be supervised by someone who meets certain criteria. For instance, the supervisor must:
- Be at least 21 years old
- Hold a full licence for the type of car they’re supervising you in
- Have held the correct licence for at least three years
There are other requirements their supervisor or instructor must fulfil, such as having the correct insurance that covers the learner driver in case of an accident.
Additionally, they must have the correct training and be registered as an Approved Driving Instructor (ADI).
If either the instructor or learner driver fails to uphold their legal obligations when operating a vehicle, they may be in breach of their duty of care. If their breach of duty caused you harm in an accident, you may be able to seek compensation.
For more information on learner driver accident responsibility claims, call our number.
What Happens If A Learner Driver Has An Accident?
Generally, if a learner driver caused or contributed to the accident in which you sustained harm, in order to be able to claim for your injury you must first prove who was liable. If the learner driver or instructor is at fault then a claim would be made against their insurance company. This holds true even if the learner is accompanied by an instructor.
However, in order to prove liability for a road traffic accident, you will need to provide evidence to show who was responsible. Evidence can include;
- Gather evidence of the accident: This could include CCTV or dashcam footage, pictures of the accident scene and contact details of any witnesses. Also, you should gather details of all drivers involved in the accident, such as registration numbers, names and insurance details.
- Report the accident to the police: If you feel anyone has broken the law you should report the accident to the police.
- Seek medical attention: If you have been harmed in the accident, you should seek medical attention for any injuries to ensure they are treated correctly. By taking this step, you can use any medical reports detailing the treatment and diagnosis you received as evidence of your injuries in your claim.
Additionally, you may be required to attend a medical appointment that’s completed by an independent practitioner. The appointment can produce a medical report that details the full nature and extent of your injuries. This appointment may be particularly useful if you are claiming a while after the accident, as it can highlight the long term impact your injuries may have.
For more information on building a strong claim, have a quick call with our advisers. Alternatively, continue reading for more details on learner driver accident responsibility.
Statistics For Learner Driver Accident Responsibility
The following statistics are taken from Brake:
- 1 in 2 new drivers passes their driving test on the first attempt.
- 1 in 5 drivers crash within one year of passing their driving test.
Additionally, according to the government fact sheet on Young Car Drivers, the high levels of risk associated with young drivers may be due to inexperience and age.
Furthermore, young car drivers account for 25% of drivers killed in reported accidents where the driver was over the legal alcohol limit.
Please note, not all new drivers are young. Also, these figures are from 2015 so the trends in new driver accidents may have changed since the report was published.
For more information on learner driver accident responsibility, continue reading.
Top Causes Of Learner Driver Accidents
There are various ways in which a learner driver accident could occur. For example, a driving instructor may have failed to take control of the vehicle in a potentially dangerous situation. Generally, learner vehicles used by registered and qualified instructors have dual control pedals so that they can take action to prevent accidents.
Other examples might include:
- The instructor may not have been paying due care and attention while supervising the learner. As a result, the learner driver may have drifted into the cycle lane and knocked over a cyclist.
- The learner driver may have failed to listen when the instructor told them to brake therefore crashed into the car in front.
- A third party may be responsible for the accident. For example, another driver may have been driving too close behind a learner driver. As a result, the learner driver may have had to brake suddenly causing the other road user to crash into the back of them.
As you can see, learner driver accident responsibility can be complex. For more information on who might be liable in a road traffic accident, such as a car crash, call today.
How The Whiplash Reform Has Changed RTA Claims
The changes stipulated that any claims for injuries that are valued at £5,000 or less need to be made through the government’s online claims portal.
Furthermore, this only applies to adult drivers and passengers who sustained an injury in a vehicle.
For any claims where injuries are valued higher than £5,000, you can claim the traditional way rather than going through the online portal.
If you’d like to find out more about how the changes could affect your claim, phone the team today. They could provide further clarification on learner driver accident responsibility.
Learner Driver Accident Claims Calculator
Generally, road traffic accident claims if successful will compensate for general damages which compensate for any injuries and illnesses. The value of your claim will depend on different factors unique to your case, such as:
- The severity of your injuries
- How badly your quality of life has suffered
- The long term implication of your injuries
The Judicial College produce guidelines compensation brackets that are often used to value injuries in personal injury and medical negligence claims. These figures are derived from past case court settlements.
The JCG is a publication that outlines bracket compensation amounts for different injuries at varying levels of severity.
The table has compensation brackets from JCG to give you an idea of the compensation that may be awarded for different injuries.
Please only use these figures as guidelines, as each personal injury case is unique to the individual.
|Injury Type||Severity And Additional Details||Possible Compensation|
|Leg Injuries||(b) Severe leg injuries: (iv) Moderate: An example might include multiple fractures in one leg.||£26,050 to £36,790|
|Elbow Injuries||(b) A less severe elbow injury that causes function impairment but doesn't require major surgery.||£14,690 to £30,050|
|Brain Damage||(c) Moderate Brain Damage: (ii) The person may experience moderate to modest intellectual deficit, a reduced ability to work and a risk of epilepsy.||£85,150 to £140,870|
|Damage Resulting from Traumatic Injury||(iii) Seat belt injury to the chest,||£6,190 to £11,820|
|Neck Injuries||(a) Severe (iii) Permanent spastic quadriparesis or despite wearing a collar for a period of years makes little difference.||£139,210|
|Shoulder Injuries||(b) Shoulder dislocation and lower brachial plexus damage which results in shoulder and neck pain amongst other symptoms.||£11,980 to £18,020|
|Wrist Injuries||(d) A fracture or soft tissue injury that takes longer to recover from completely.||Rarely exceed £9,620|
If you can’t see your injury, call to discuss what your claim could be worth. Alternatively, our advisors can provide further guidance on learner driver accident responsibility claims.
An Overview Of Special Damages
As part of the claims process, your claim may also include special damages. These provide compensation for any financial losses incurred as a direct result of your injuries. You may be able to claim for either past or future losses, such as:
- Loss of earnings: This would be due to taking time away from work to recover, and not being paid in full for this time.
- Private medical costs: If you had to pay for private treatment, that wasn’t otherwise available on the NHS.
- Care costs: This would cover the cost of, for example, hiring a nurse to care for you at home.
However, you are going to need to provide documented proof of these losses. This could include receipts, payslips or invoices that detail any monetary losses you’ve experienced.
Start A No Win No Fee Learner Driver Accident Claim Today
Hiring a solicitor to help with your road traffic accident claim can bring many benefits. It can also ensure that you are compensated correctly and that all injuries or financial losses are included within your case.
However, you may be worried about the cost of hiring legal representation. So, why not hire a No Win No Fee solicitor to represent your claim.
If you choose to hire a solicitor to work on this basis, you won’t be asked for any fees before the case begins. Furthermore, no fees are needed to pay the solicitor if the case is lost.
However, if a positive outcome is achieved, you will be required to pay a small success fee. The success fee is deducted out of your settlement as a legally capped percentage. Your solicitor will make you aware of the fee and what it covers before you agree to work with them on this basis.
If you are ready to start a car accident claim under a No Win No Fee agreement, you can get in touch with the team. An advisor could appoint a solicitor from our panel to represent your claim if they feel it has a chance of success.
Alternatively, you may require further information on learner driver accident responsibility claims. Either way, an advisor could help, so get in touch by:
- Calling on 0800 408 7825
- Filling out our contact form online
- Using the live chat function below to speak with an advisor.
Road Traffic Accident Articles
Here are some links to other websites that can be useful.
And here are a few links to other claims guides we have published, that you might like to read over.
- A Guide To Car Accident Lawyers
- How To Claim Compensation For An Accident Or Injury
- Passenger Injury Guide
This guide about learner driver accident responsibility claims has now concluded. If you need any more of your questions answered please call our team today.