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As a passenger in a vehicle, you have little control when using the road. This means that a passenger is rarely responsible for a car accident. Therefore, if you have been injured during a road traffic accident, you can make a passenger injury claim against the driver who caused the incident. In order make such a claim, you should gather evidence of the accident and the harm that you suffered as a result.
Key Takeaways
- You could claim against the driver of the vehicle you were in or the driver of another vehicle
- If you suffered whiplash, set tariffs will be used to evaluate part of your compensation payout
- Other common passenger injuries include psychological harm, broken bones, sprains and strains
- You could make a passenger claim on behalf of your child if you were not involved in the collision
- A No Win No Fee solicitor from our panel could help you to gather your evidence, make informed legal decisions and maximise your compensation payout
You can speak with one of our advisors today to check whether you have valid grounds to proceed. There is no requirement to make a claim if you are unsure at this stage. However, you may benefit from the option to work with one of the expert personal injury solicitors from our panel. Without requiring you to make any legal decisions, you are also welcome to get in contact to discuss the claims process and get an estimate of what your compensation would cover.
Jump To A Section
- What Is A Passenger Injury Claim?
- Can I Make A Claim If I Was Injured As A Passenger?
- What Are Some Injuries A Passenger Might Sustain?
- Will A Passenger Claim Be Subject To The Whiplash Regulations?
- How Much Passenger Accident Compensation Could I Claim?
- What Evidence Will Help Support A Passenger Injury Claim?
- How Long After Being Injured As A Passenger Can I Make A Claim?
- Why Claim For Passenger Injuries With Our Panel Of Solicitors?
- Make A No Win No Fee Passenger Accident Claim
- Learn More
What Is A Passenger Injury Claim?
A passenger injury claim is a type of personal injury claim that allows passengers to get compensation for their injuries and financial losses. Who you make your claim against will depend on the nature of your injuries, as you can learn about by reading on.
Passenger Accidents In A Car
If you are injured in a car accident, you can claim against the driver of the car you were in or the driver of another car, depending on which driver is responsible.
Passenger On A Bus Or Coach
While you are using a bus, coach or any other form of public transport, the driver needs to uphold driving laws. Therefore, if you are injured as a bus passenger, you can make a claim against the party that caused the accident if they were not following the laws in place.
Motorcycle Or Pillion Passenger
As a passenger of a motorcycle, you can be left extremely vulnerable when an accident occurs. Road laws apply to all using the road, including motorcyclists, so you could seek compensation for an accident as a passenger on a motorcycle or pillion.
Taxi Passenger Accidents
Similarly, taxi drivers need to adhere to road laws. They could be liable if you experience passenger injuries due to their negligent driving or that of another road user.
If you’re not sure who was responsible for the accident that caused your injuries, you can discuss this with one of our advisors. They understand that you may not be sure about your legal rights as a passenger, so don’t hesitate to bring your questions to them.
Can I Make A Claim If I Was Injured As A Passenger?
Yes, you can make a passenger injury claim if another road user failed to follow road laws, causing you to suffer harm during an accident. All road users are required to uphold laws and guidance, as these outline rules for safe road use. Examples include the Road Traffic Act 1988 and the Highway Code.
There are different aspects of the claim criteria to consider such as:
You Experienced Harm Due To The Accident
It will be necessary to show that you sustained injuries as a passenger in a car. There are various instances of harm that could qualify you for a passenger injury claim. These may range from psychological conditions to physical injuries, including:
- Fractured bones
- Concussions/head injuries
- Soft-tissue injuries and whiplash
- Anxiety, depression and Post-Traumatic Stress Disorder
- Shoulder and spinal injuries
Injuries may vary in terms of their severity and how long they affect you for, so you could still be eligible to proceed if you only experienced minor harm.
Another Road User Was At Fault For The Accident
Passengers are rarely at fault for road traffic accidents as they do not have control of the vehicle. Therefore, those you can claim against are typically:
- The person that drove car you were in
- Another driver whose actions caused the accident
- A liable 3rd party (for instance, the council could be responsible for an accident caused by poor road maintenance)
Due to the nature of passenger injury claims, you may make a claim against a stranger, friend or family member. It all depends on who was responsible for the incident.
Can I Make A Passenger Accident Claim On Behalf Of A Child?
Yes, you can make a passenger accident claim on behalf of your child if another road user was responsible for their injuries. However, if you were driving one of the vehicles involved in the accident, then you would not be able to make a claim for them.
When handling a claim on behalf of someone who cannot make decisions for the case themselves, your role is referred to as a litigation friend. You will be required to make decisions in their best interest and communicate with the solicitor who is working on the case.
It can be difficult to figure out who exactly is responsible for your injuries as a passenger. However, our advisors are available 24/7 to offer guidance on this. Contact them today for free advice.
What Are Some Injuries A Passenger Might Sustain?
Common injuries that a passenger might sustain include whiplash, soft tissue injuries and broken bones. Other types of harm often include:
- Sprains and strains
- Concussion
- Scarring
- Amputations
- Chest and abdominal injuries
- Damage to the spinal cord
- Psychological conditions
The injuries sustained during a road traffic accident vary drastically, so don’t worry if yours weren’t listed. An advisor from our friendly team can explain whether you qualify and how you can take the next steps.
Will A Passenger Claim Be Subject To The Whiplash Regulations?
Yes, if you have experienced whiplash injuries, then The Whiplash Injury Regulations 2021 will be used to evaluate part of your compensation. This means that there are set tariffs awarded to claimants based on the severity of the whiplash injuries and whether there was also psychological harm as a consequence of the accident.
We have included some of the whiplash tariffs below. If you have any questions about these figures or what other factors impact passenger compensation, speak to an advisor today.
| Length of Time Whiplash lasted | Were There Also Psychological Injuries? | Compensation Tariff |
|---|---|---|
| Between 18 and 24 months | Yes | £4,345 |
| Between 18 and 24 months | No | £4,215 |
| Between 15 and 18 months | Yes | £3,100 |
| Between 15 and 18 months | No | £3,005 |
How Much Passenger Accident Compensation Could I Claim?
How much compensation you could receive in a successful personal injury claim will depend on your specific psychological, financial and physical suffering. All claims are uniquely assessed so that the compensation will reflect the circumstances of the individual. Firstly, your pain and suffering must be evaluated under a part of the compensation called general damages.
When legal professionals are assessing general damages, they may use the Judicial College Guidelines (JCG). In this document, there are compensation guideline brackets based on various types and severities of injury.
We have provided some figures from the JCG in the below table. Although you may find these relevant to your injuries, it is essential that you do not read the figures as a guarantee of the passenger compensation you could be entitled to. This is due to the fact that each individual compensation payout is based on the unique factors of each claim.
Should you wish to identify which aspects of your case would likely impact the compensation owed to you, why not chat with an advisor today? You can access a free case assessment, giving you a more tailored compensation estimate.
Please take into consideration that the first figure in the following table does not come from the JCG.
| Type and Severity of Harm | Compensation Guideline Bracket | Notes |
|---|---|---|
| Multiple injuries with financial losses | Up to £1,000,000+ | More than 1 injury paired with financial impact which could relate to medical bills, travel expenses and lost income |
| Very severe brain/head injury | £344,150 to 493,000 | There is double incontinence, limited to no language function, little to no meaningful engagement with their environment and a need for full-time nursing care |
| Bowels- total loss of natural function requiring a colostomy bag | Up to £183,190 | The compensation will take into account the age of the claimant |
| Severe (i) neck injury | In the region of £181,020 | Permanent spastic quadriparesis or permanent paraplegia where issue persist despite the person wearing a collar for 24 hours a day over multiple years |
| Severe arm injury | £117,360 to £159,770 | Amputation is not required but the person is little better of than if the arm had been removed |
| Traumatic injury of the lung(s), chest and/or heart causing permanent damage | £80,240 to £122,850 | The injury results in physical disability, reduced life expectancy and impaired function |
| Severe (ii) back injury | £90,510 to £107,910 | Certain features, such as damage to the nerve root, impaired bladder/bowel function and reduced mobility, mean that lower back injury brackets will not apply |
| Severe shoulder injury | £23,430 to £58,610 | Such injuries are often associated with damage to the brachial plexus, causing significant disability |
| Severe (iv) moderate leg injury | £33,880 to £47,840 | Severe crushing injuries and multiple/complex fractures are covered by this bracket |
Can A Passenger Accident Claim Cover Special Damages?
Yes, a passenger car accident claim can include special damages, which allow claimants to recover the financial losses resulting from their injuries. Therefore, you could add the following losses to your compensation claim:
- Lost income due to time taken off work
- Medical bills for private treatment and/or prescriptions
- Travel expenses made in order to get medical treatment
- Rehabilitation costs (such as physiotherapy to treat sprains)
- Therapy payments (car accidents can be traumatic, so many claimants seek help for their emotional state)
- Home adjustment expenses- such as the installation of a wetroom or stair lift
- Professional care costs- serious injuries can require you to get specialist care to complete daily activities that you didn’t struggle with before the road traffic accident
If you think you may have valid grounds to claim compensation, why not discuss the matter further with one of our helpful advisors?
What Evidence Will Help Support A Passenger Injury Claim?
The evidence you will need to support a passenger injury claim must prove that another party was responsible for your accident, causing you harm as a passenger. There are various ways in which you can strengthen your chances of success. For instance, you could provide a copy of your medical records, CCTV footage and the contact details of bystanders who saw the accident.
At this stage, the idea of providing legal evidence may seem complicated. Read our personal injury claim evidence guide for more information. If you are seeking straightforward information and direct advice, you may find it beneficial to contact our team of experienced advisors.
How Long After Being Injured As A Passenger Can I Make A Claim?
In general, you can make a passenger injury claim within 3 years of your road traffic accident. This is outlined by the Limitation Act 1980. In some cases, a passenger is unable to make a claim for themselves due to the decisions that the process requires. Therefore, the limitation period can apply in a different way.
Visit our time limit guide to learn when exceptions apply to the time limit. Remember, our advisors are available 24/7 to offer guidance on anything you don’t understand about the claims process.
Why Claim For Passenger Injuries With Our Panel Of Solicitors?
You should consider hiring one of the personal injury solicitors from our panel as they work hard to ensure that claimants have the guidance they need from the start to end of the process. Through years of training and experience, they have developed their expertise in successfully settling road traffic accident claims. You could benefit from the following legal services:
- Guidance when collecting the evidence that will improve your chances of getting compensation
- Arguing for the maximum compensation that applies to your circumstances to be paid to you
- Providing you with expert legal guidance when you need to make decisions
- Assisting you with an interim payment application (this is essentially an advance payment that some claimants are granted before the claim has been completely settled)
- Advising you through the claims process and ensuring that any essential documents are sent to the defendant’s representatives
Many claimants find that working with a solicitor makes the legal process much less demanding. Our panel have decades of combined experience in giving claimants the support they need.
Make A No Win No Fee Passenger Accident Claim
You could make a No Win No Fee passenger injury claim with one of the solicitors from our panel. Therefore, by signing a Conditional Fee Agreement (CFA), there is no need to pay for your solicitor’s work:
- Before you start legal proceedings
- While the case is ongoing
- In the event that you do not receive passenger compensation
Of course, the ultimate aim of making a personal injury claim is to get compensation. Should you be compensated, you will owe a success fee. This is a pre-agreed percentage of the passenger injury compensation you must give to your solicitor. There is a cap in place, which is legally enforced, so you can rest assured that the largest portion of your compensation will remain with you.
Contact Our Team To Get Started
At this stage, you may find yourself wondering how to make a passenger injury claim. You can do this by simply reaching out to one of our friendly advisors. They will confirm whether or not you are eligible to proceed with one of the solicitors from our panel. Without requiring you to make any legal agreements, you can also access a free tailored case assessment and find out more information about how the process works.
- Complete our online claim form
- Use the live chat pop-up window
- Call us on 0333 0000 729
Learn More
Read our other personal injury claim guides below:
- Learn how to make a pedestrian accident claim
- Find out the process of making a fatal road accident claim
- Visit our guide on E-scooter claims
External resources:
- Read the information provided by the government on claiming Statutory Sick Pay (SSP)
- Report a road collision to the police
- Follow the NHS guidance on giving first aid
Thank you for taking the time to read our guide on making a passenger injury claim.