Learner Driver son (17) accident in instructors car not his fault whiplash/compensation query

Whelky

My son was on a driving lesson with instructor when another driver ploughed into him at speed at a roundabout yesterday. Other driver apologised and admitted fault. Son had lesson curtailed and has a sore neck, spine and ribs so possible whiplash. I note the portal for whiplash claims is for over 18s only and whiplash claims now have guidance levels amounts. Any further advice on claiming for the whiplash and further damages if appropriate appreciated (it’s put him off a bit and his test is in 3 weeks!). At this stage assuming he’ll just be dealing with the insurance companies directly both the instructor’s and at fault driver’s. 

elsien

Wait and see if he has got whiplash first? 

Should his representative not be dealing with the at fault parties insurance rather than driving instructor? I can’t quite see where the driving instructor comes into this if they didn’t do anything wrong.

Found this which explains the position for under 18s. You would act as litigation friend. 
https://www.claimsportal.org.uk/unrepresented-claimant/child-rta-claims/child-rta-claims/

KxMx

In January I was a passenger in my friends car when another driver hit us. I was injured. 
She reported the car damage and my injury to her insurer, they then engaged a solicitor on my behalf and all my contact has been through that solicitor. 

sevenhills

Whelky said:

Son had lesson curtailed and has a sore neck, spine and ribs so possible whiplash. 

Are compensation claims usually for loss of pay?
Although that sounds severe, was a high speed crash?

KxMx

sevenhills said:

Whelky said:

Son had lesson curtailed and has a sore neck, spine and ribs so possible whiplash. 

Are compensation claims usually for loss of pay?
Although that sounds severe, was a high speed crash?

No compensation claims can include things like loss of pay, injuries suffered, medical costs incurred etc. 

Loss of pay would be considered under financial losses caused by accident, and the applicable amount of lost pay would be added onto any settlement, seperate from the injury compensation.

In this case the value of the curtailed lesson can be added to the losses/expenses caused by accident. 
In my case genuinely the only expense I incurred was £8 for the treatment GP recommended, so that has gone on the claim. 


OP do get son to take medical advice at this point, not just for his wellbeing but all documentation helps the claim. I had lesser injuries and spoke to then saw my GP the next day. 

TELLIT01

Thankfully, the effect of whiplash in many cases is minor and short lived,  as will be the other muscular strains.

Presumably the driving instructor is involved because it will be his insurers handling the case.  He would have to report the incident and provide them with details of the injured party.  Once that is done I agree it will be down to the insurers.

Whelky

We've had a call from the instructor's insurer. All they've done is recommend a solicitor to deal with my son's claim and  they have awful reviews. It looks like the court has to agree any compensation as he's under 18 and I wondered if there was a way to avoid using a solicitor?

annabanana82

When we were involved in a non fault accident, we were referred to Minster law. Their reviews were also quite poor, my Son who was a minor albeit much younger than your Son was dealt with far quicker than ourselves. However he had very minor injuries we really didn't expect anything for him but was offered £1500.

I sufferered with longlasting back problems so mine took longer due to the numerous medical appointments 

billy2shots

Edited.

Get your son seen by a medical professional if he hasn't been seen already. 

His health is priority but this is also important for any future legal claim. 

This can take years so don't expect a quick resolution. 

elsien

Whelky said:

We've had a call from the instructor's insurer. All they've done is recommend a solicitor to deal with my son's claim and  they have awful reviews. It looks like the court has to agree any compensation as he's under 18 and I wondered if there was a way to avoid using a solicitor?

When is he 18? It’s not something you have to do instantly so potentially depending on when his birthday is you could wait and see whether he has got whiplash and if there’s any longer lasting impacts from that and then he could make any claim himself after his birthday?

DullGreyGuy

sevenhills said:

Whelky said:

Son had lesson curtailed and has a sore neck, spine and ribs so possible whiplash. 

Are compensation claims usually for loss of pay?
Although that sounds severe, was a high speed crash?

You can claim special damages (loss of income, damage to the car, cost of a hire car etc... direct financial losses) and general damages (most notably pain, suffering and loss of amenities - basically injuries)

Most common compensation from car accidents is special damages to repair the other vehicle.