Can I claim against a learner driver?

The reality of learner driver accidents

Many of us remember the feeling of being a learner driver, from the excitement of being behind the wheel in your first lesson to the nerves of your practical test. Yet while we may all appreciate what it’s like to be new to the road, if you’ve been caught in an accident with a learner driver, you can be left frustrated and wondering what to do next.

According to data sourced by the RAC Foundation from the DVLA, learner drivers were involved in almost 1,500 accidents on the road between 2020 and 2023. 247 of these accidents resulted in an injury.

Being involved in a road traffic accident with a learner driver can raise a lot of questions, especially around who is liable and whether you can make a claim. The good news is that learner drivers must be insured before taking to the road, which means you can usually claim against their insurance if they were at fault. This guide explains your rights and the steps to take if you’ve been injured in an accident involving a learner driver.

Learning to drive: What the law says

There are certain rules and regulations that all learner drivers must adhere to while on the road. These include:

• Learner drivers must ensure that they have a suitable supervisor to help ensure their safety whilst they learn to drive and help reduce the risk of a car accident.
• All learner drivers must be insured to drive the vehicle in which they’re learning in and must ensure the vehicle is in a safe and legal condition.
• People supervising learner drivers must be over 21 years old, have held a full driving licence for at least three years, and ensure that the car displays L-plates (or D-plates in Wales).

Crucially, anyone supervising a learner driver – whether they are a driving instructor, relative or friend – is deemed to be in control of the vehicle and have the same legal responsibilities as if they were driving themselves.

This means that they must follow the law while supervising as if they were driving themselves. For example, it’s illegal to use a mobile phone or be over the drink drive limit while supervising a learner driver.

Do learner drivers have a duty of care to other road users?

Learner drivers have the same duty of care towards other road users as experienced drivers do, even if it’s their first time behind the wheel. The fact that they’re inexperienced drivers bears no relevance in determining liability for injury caused to someone else in an accident for which the learner driver is at fault.

This principle was established in the case of Nettleship v. Watson [1971] where a learner driver crashed into a lamppost, injuring the person supervising her. The Court of Appeal ruled that all drivers, regardless of their level of experience, must meet the standards of a “reasonably competent, qualified driver.”

What are the common risky behaviours of learner drivers?

As all road users will know, failing to take proper care on the road drastically increases your risk of being involved in an accident. For a learner driver, a lack of experience often makes people more vigilant to potential hazards or problems. However, this isn’t always the case.

In August 2025, the UK government published a list of the top ten risky behaviours that resulted in learner drivers failing their test between April 2024 and March 2025. It included:

• Failing to make effective observations at a junction
• Not moving off safely
• Failure to respond properly to traffic lights and traffic signs
• Not having full control of the steering wheel
• Incorrect positioning on the road, or at junctions when turning right
• Failing to drive at a safe and responsible speed

Who is responsible if a learner driver crashes?

When an accident occurs on the road, the person or party liable – that is, the party financially responsible to pay for any damage to property or personal injury – is usually the driver who has been found to have caused the accident due to negligent or reckless actions.

This remains true of any crash or accident caused by a learner driver. They owe the same duty of care to other road users that any other driver would, so they are held to the same legal standard.

However, the person supervising the learner driver also bears responsibility for the accident. This is because any supervising instructor is legally considered to be as in control of the vehicle as they would be if they were driving themselves. They have a responsibility to ensure that the learner driver observes the rules of the road and treats other drivers with care and respect.

Therefore, if they failed to intervene to prevent an accident, they can be held liable for any damage or injury caused.

What to do if you’re involved in a learner driver crash

If you’ve been involved in an accident on the road, the first thing to do is to get yourself and any other involved parties to safety as quickly as possible if you are able. If you are a driver, this may involve pulling your vehicle to the side of the road (if the vehicle is still operational) and putting on your hazard lights to warn other road users of a potential obstruction.

If the road is blocked or someone is seriously injured, call for an ambulance and report the incident to the police.

For more minor accidents, check to see if everyone involved is okay. If you or anyone else has been injured, seek medical attention as soon as you can. You should also exchange details and insurance information with the other parties (the supervising instructor will have these details on behalf of the learner driver).

Try to take photos of the scene, including any relevant traffic signals or signs and any damage caused to vehicle or property (including the learner’s vehicle). You should also take the details of any witnesses to the accident and report the accident to your insurer as soon as possible.

Making a claim after a learner driver accident

As learner drivers have the same duty of care as experienced drivers, they’re liable for any injuries you sustain in an accident for which they’re at fault.

Learner drivers are required to be insured before undertaking driving lessons, so you can normally claim against their insurance. For injuries sustained in accidents caused by uninsured learner drivers, claims need to be made against the Motor Insurance Bureau.

You should seek legal advice as soon as you can so that you can understand the particulars of claiming compensation against a learner driver and have peace of mind that your claim will be handled by an expert.

Slater and Gordon Lawyers are one of the UK’s largest personal injury law firms and offer a free consultation to anyone injured in a road traffic accident through no fault of their own.

Call us for a free consultation on 0330 041 5869 or contact us online and we’ll be happy to help you.

All information was correct at the time of publication.