By Daniel Picard. Last Updated 21st July 2022. Welcome to our guide to passenger injury claims. When you are being driven somewhere as a passenger, either by having a friend give you a lift or getting a taxi somewhere, you are putting your trust in them. If you are a passenger injured in a car accident, then you could be entitled to claim compensation for your injuries. This claim could be made against a number of different people who could potentially be responsible, your driver, another road user, a pedestrian or even the public authority responsible for the road.
Claiming compensation for being injured in a car accident as a passenger could sound like a confusing and stressful business. We have written this guide to alleviate these fears by explaining how these types of claims work and how Legal Helpline could help you. Please read this guide if you want to find out how personal injury claims work, and if at the end you still have questions or you want to try and make a claim, use the contact details at the bottom to reach our accident claims team. They will be happy to either offer you free advice or guide you through the next step to seeking compensation.
Jump To A Section
- A Guide To Claiming As A Passenger Injured In A Car Accident
- What Are Car Accident Passenger Injury Claims?
- Statistics About Road Traffic Accidents In The UK
- Road Users Duty Of Care
- Whiplash And Other Injuries Caused By Car Accidents
- Passenger Car Accidents Where The Driver Is At Fault
- Passenger Car Accidents Where A Pedestrian Is At Fault
- Passenger Car Accidents Where The Road Surface Caused The Accident
- Passenger Car Accidents Where A Non-UK Driver Was At Fault
- Car Accidents And Contributory Negligence
- Establishing Who Was At Fault In A Car Accident
- Eligibility To Make A Car Accident Passenger Injury Claim
- Examples Of Damages Car Accident Victims Could Claim
- Passenger Car Accident Claim – Example Payouts
- How Car Accident And Passenger Injury Claims Work
- No Win No Fee Claims As A Passenger Injured In A Car Accident
- Start A Claim
- Resources And Other Information
We’ve put this guide together containing a detailed breakdown of the different circumstances in which you could potentially make a personal injury claim for being injured while riding in a vehicle as a passenger. We want you to be informed before making the decision to contact our team to begin a claim and to show you the kind of free legal advice we can offer to prospective claimants.
As well as talking about how to make different types of claims we have also included a personal injuries claims calculator to demonstrate the amounts of money that could be involved in a compensation payout for a car accident claim.
By reading this guide, you will also find out more about the benefits of no win no fee claims on offer to claimants. This guide is a useful starter, but reading it should only be your first step, you are also invited to call our advice team who can give you a consultation free of charge and answer any questions you have about the details of making a claim. You may also find it useful to look through this general guide to making a road traffic accident claim.
A car accident passenger injury claim is a personal injury claim that could be made if you suffered an injury in a car accident while riding as a passenger. When you are a passenger, the driver is largely responsible for your well being and for making sure an accident doesn’t occur. If you do suffer an accident that was not your fault, then you could be entitled to seek compensation from the person or party responsible for causing the accident on the grounds that they did not meet their responsibilities to keep you safe.
The Government reports that in 2019 1,752 people were reported as being killed in road accidents. 25,945 serious injuries were reported to the police resulting from road accidents, and 153,158 injuries of all severities were reported. Thankfully according to the government these figures represent a trend of declining numbers of injuries and fatalities in Great Britain.
When driving a vehicle, a driver has a duty of care to those around them. Crashing a vehicle could cause serious injury and death, not just to the driver, but to the passenger, other drivers and pedestrians, so cars and other road vehicles must be operated with care. This duty of care applies to passengers and other road users.
Drivers are responsible for the well-being of the people riding in the vehicles. This means that they could be liable (meaning that they are responsible) for injuries suffered by the passenger if they are found to have failed this duty of care. They must drive safely and in accordance with the Highway Code and the law. They are also responsible for making sure that the car is in a safe condition to drive. It must have its MOT, must have working tyres and so on. Failure to keep passengers safe could result in passenger injury claims.
Other road users
Drivers also have a duty of care to other road users; this means people driving other vehicles such as cars or motorbikes as well as pedestrians. Drivers must not only drive in accordance with the law, by obeying the speed limit and traffic lights and so on, but also drive with the safety of other road users in mind. This rule is especially important when it comes to pedestrians. Pedestrians are highly vulnerable to injury in a collision with a vehicle and are also much less visible to drivers than other vehicles.
Drivers must take care to keep an eye out for pedestrians who look like they are about to try and cross the road. They should take extra care when approaching something that might prevent them from spotting a pedestrian about to walk into the street, such as a bus, a building or a corner. If a driver hit a pedestrian and didn’t follow their duty of care, they could be found to be liable.
Whiplash is an injury commonly associated with car accidents. It is a condition that emerges where the ligaments, tendons and other soft tissues in the neck are overstretched to the point of damage. This is often caused by a sudden jerking movement of the head. Being in a car accident can easily cause this.
Whiplash and Passenger Injury Claims
Whiplash is identifiable by pain and stiffness in the neck as well as being sometimes accompanied by headaches, dizziness and nausea. Most cases of whiplash will heal by themselves after a few weeks of rest and gently exercising the neck. Nevertheless, you could be able to claim compensation for such an injury if another person was responsible for the accident that caused it. We have a page specifically dedicated to making compensation claims for whiplash. Feel free to read through this NHS website guide to whiplash injuries for more information.
Other injuries that could be caused by a car accident include:
- back injury
- head injury
- face injury
- broken rib
- fractured rib
- internal injury
- knee injury
Passengers who have been injured in accidents in which the driver was at fault could be able to seek compensation from the driver through passenger injury claims.
Endangering passenger safety could include:
- Breaking the speed limit
- Driving under the influence
- Turning without indicating
- Driving through a red traffic light
- Driving a vehicle which was not roadworthy, i.e. one that had worn out tyres or faulty brakes
If your road traffic accident occurred in a public vehicle, such as a taxi, then you may find this article and other similar ones across our site to be helpful.
You could get compensation if your driver was driving in a manner fully in accordance with the law and was showing due care for the safety of passengers and the pedestrian caused the accident by doing something foolish like running out into the street suddenly. If you have any confusion or concern, then just call our advice team and ask.
Not all road traffic accidents are caused by the negligence of drivers or of other road users. Sometimes the state of the road itself can cause accidents. Roads which have not been maintained correctly by the authorities responsible for them can be dangerous to drive on. Some of the hazards that can emerge from a lack of road maintenance can include:
- Debris on the road
- Ice on the road
- Lack of street lighting
- Lack of accurate street signage
On roads in the UK national authorities are responsible for maintaining motorways and other roads are the responsibility of the local council authority in their respective areas. If a hazard has emerged because they have not met their responsibility to maintain the roads, then they could be liable for paying compensation to people who have been injured as a result.
It is possible to find drivers from abroad on UK roads. That means you may have to worry about the legal implications of wanting to seek compensation for a road traffic accident in which the driver responsible is not only foreign but also has a licence, vehicle, and insurance registered to another country. Luckily so far as you need to be concerned, there will not be much difference between making a passenger injury claims against a foreign driver and a British driver.
Currently, the UK is still under EU law until December 31st 2020 despite no longer technically being a member state of the EU. This means that until that point, it is possible for a UK based solicitor to bring a claim against a driver from an EU state and seek compensation from their insurance firm. It is best to contact our team now in order to have the best chance of making a successful claim or if you want more information on what to do if the driver who caused the accident was from outside the EU.
Contributory negligence is when the victim of an accident is ruled to have contributed to the accident occurring through their own negligent behaviour or actions, while still not being entirely responsible and sharing some of the blame with a third party. In cases of contributory negligence cases the victim could be awarded compensation, but at a reduced rate which reflects the degree of culpability that the court sees them as having for the accident. If you were a passenger who was injured in an accident and you are concerned that you might be seen as having partly contributed to causing the accident yourself, then you could benefit from advice from our accident claims team.
In order for someone to be liable for an accident, and therefore responsible for paying the compensation (in most cases from their insurance) there has to be proof of how and why their actions led to the accident. In cases in which the driver of another vehicle was responsible for an accident, it could be necessary to have proof that they had violated traffic laws, i.e. by driving through a red light, turning without using signals, speeding and so on.
Once passenger injury claims are underway, solicitors will begin looking for evidence which could support claims, i.e. CCTV footage, dash-cam footage etc. You can also help to provide evidence that will confirm the liability of the other driver by filing a police report. Having a police report of the incident could greatly improve your prospects of receiving compensation.
You might have come across this article because you were wondering if a passenger could make a claim against you for an injury that occurred while you were driving a vehicle. The truth is that it depends on the exact circumstances of the accident.
If you do have a claim made against you by a passenger and it results in compensation being awarded to the passenger, then you will at least not have to worry about paying it yourself as the money will come out of your car insurance. Our accident claims team would be happy to provide you with advice on what to do if a claim is being made against you.
You could be compensated after making a successful personal injury claim for being put in a reduced financial situation by an injury in a car accident. There are many ways that the victim of an injury could end up losing money.
- Losing income through taking time off work through sick leave, or by having to move into a new occupation with a lower pay rate, or by having a disability which prevents the victim from working.
- Spending money on healthcare, such as cosmetic surgery, physiotherapy or medication which was not provided by the NHS.
- Spending money on care, such as hiring caring staff to look after the victim if they have become disabled
- Travel expenses: Travelling to and from hospital appointments and other journeys necessitated by the injury and its treatment.
If you are able to keep an accurate record of how much money you have lost as a result of your injury by providing payslips, receipts, contracts and other forms of proof of your outgoings, then you could be compensated for the money you have lost through passenger injury claims.
The amount you could receive for a passenger injury claim can depend on a variety of considerations. For instance, injuries can be of different severities. A car accident passenger could sustain a minor injury such as bruising, or it could be more serious – such as a broken bone or even paralysis. Your pain and suffering informs the value of your general damages payment.
We have included some example figures from the latest edition of the Judicial College Guidelines (JCG). Below, you’ll find the amounts listed in the 2022 edition of the publication. Legal professionals use the JCG (alongside other resources) to assist them in calculating a suitable general damages payment. Your own claim needs to be valued individually before finding out how much your settlement will be worth. Therefore, the figures shown below should only be used as a rough guide.
|Chest injuries (a)||Loss of one lung and/or damage to the heart.||£100,670 to £150,110|
|Chest injuries (b)||Traumatic injury to the chest with impact on function and life expectancy.||£65,740 to £100,670|
|Chest injuries (c)||Damage to chest and lungs causing a degree of disability||£31,310 to £54,830|
|Chest injuries (d)||Penetrating injury causing some continuing disability.||£12,590 to £17,960|
|Total blindness and deafness||Total loss of sight and hearing||In the region of £403,990|
|Total Blindness||Total loss of sight in both eyes||In the region of £268,720|
|Loss of of sight in one eye and reduced vision in remaining eye||Compensation amount depends on degree of remaining vision and the risk of further deterioration in sight.||£95,990 to £179,770|
|Total loss of one eye||In which one eye has been lost or has had to be surgically removed with the other eye still intact. Compensation depends on degree of psychological impact.||£49,270 to £54,830|
Your car accident passenger settlement may also include a special damages payment. This can include compensation for various financial losses caused by your injuries. Loss of earnings is a good example of this, as are medical costs. You must, however, have proof such as payslips and receipts.
If you need more information as to the potential value of your claim, get in touch with our advisors today.
When you make a personal injury claim with a solicitor, the solicitor will do much of the work of gathering evidence and preparing a case. Having a skilled, experienced solicitor can make the difference between winning and losing a case. You will want a solicitor whose dedication and experience you can rely on; you’ll also want a solicitor who will keep you regularly updated on how your claim is getting along as you may have to wait some time as the case is worked on. With Legal Helpline you can have just this, our panel of solicitors have been working on accident claims for years and will always be happy to answer questions if you contact them to ask about how the case is getting along.
Your money may be tight at the moment, especially if the injuries you have sustained in an accident were severe enough to make you take time off work or if you have had to spend money on care and treatment. You might be concerned about how you are going to pay for a solicitor to take on your case. You have nothing to worry about, however, if you make a claim through Legal Helpline because our panel of solicitors offers no win no fee claims.
A no win no fee claim takes the financial burden off you and does not require any up-front costs, if you make a no win no fee agreement then you will be asked to pay your solicitor up to 25% of the compensation you receive for their services if the claim results in a payout. (The exact amount is negotiable with your solicitor). The converse of this is that if the claim does not result in compensation being paid out, you will not be obligated to pay your solicitor. For any further details please use the contact details below to reach our team.
The first step is simply having a conversation with one of our advice team members, they will answer any questions you have about passenger injury claims and discuss the details of your accident. You can reach them by either calling 0161 696 9685, our free 24/7 phone line, or by putting your details into this enquiry form and waiting for a callback.
The Motor Insurance Bureau, an agency which can help victims claim compensation when the driver responsible for the accident can’t be located.
You can learn more about car accident claims below:
- Road traffic accident compensation claims
- Car accident claims
- Claiming for tinnitus after a car accident
- How to claim for nerve damage after a car accident
- How long after a car accident can you claim compensation?
- Stolen car accident claims
- I was hit by a stolen car, can I claim compensation?
- I had a car accident without wearing a seatbelt, can I still claim?
- Child car accident claims
- Car accident caused by mud on the road
- How to claim compensation for a back injury after a car accident
- Tennis elbow after a car accident
- Taxi accident claims
- How to claim compensation for anxiety after a car accident
- I was hit from behind in a car accident, can I claim whiplash?
- Roundabout car accident claims
- I was hit from behind in a car accident, do I need to pay my insurance excess?
- How to make a fatal road accident claim
- How to claim for road traffic accidents caused by animals
- How to claim through the Motor Insurers Bureau
- Merging into traffic accident claims
- Motor vehicle injury claims
Passenger Injury Claims FAQs
Can I claim for being a passenger in a car accident?
You could make a claim if you were a passenger in a car accident, providing the accident caused your injuries and you didn’t cause the accident.
What is the average settlement for a car accident with an injury?
A car accident can cause anything from minor to major injuries. This is one of the reasons why knowing the average settlement of car accidents might not be helpful to you. The compensation claimants can be awarded is dependent on the severity of injuries and financial loss. Each case is unique, but our advisors could help with a reasonable estimation. Call them today.
What is a good settlement offer?
A good settlement offer is one where you feel that you’re sufficiently compensated for your physical and mental injuries as well as any financial loss.
Thank you for reading our guide to passenger injury claims.
Guide by JT