I Was Injured As A Passenger – What Are My Compensation Rights?

    I Was Injured In A Car Accident As A Passenger, Could A Solicitor Help Me?

    At Legal Helpline we often hear questions such as, “I was injured as a passenger, what are my compensation rights?” and “Can I sue the driver?” If you have been injured in a car accident that was not your fault, you may be eligible to claim compensation.

    Whether you were injured due to negligence on the part of the person driving the vehicle you were travelling in or injured because of negligence on the part of another party, you may have grounds to claim compensation.

    Our panel of solicitors could handle your claim for car accident compensation. To speak to an advisor about your compensation rights, call us on 0161 696 9685. Alternatively, use our online claims enquiry form to reach us. We also have a live chat on this page.

    If you have legitimate grounds to claim compensation we could connect you with a No Win No Fee solicitor from our panel to work on your case.

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    A Guide To Your Compensation Rights If You Were Injured As A Passenger

    Passenger injured in road traffic accident

    Passenger injured in a road traffic accident

    According to The Highway Code, road users should use the roads with standard care and skill. This is to help protect the safety of others.

    Drivers should use the roads appropriately to protect passengers in their vehicles, other drivers and passengers in other vehicles, as well as cyclists and pedestrians and other road users.

    If a driver injures another road user because they neglected their duty of care and caused a road traffic accident, they may be held liable for the person’s injuries. The injured party could have the right to claim compensation.

    If you are wondering what to do if you are a passenger in a car accident or if suing a driver as a passenger is possible, you should find the answers to your questions in this guide.

    Read on to learn more about how to claim after being an injured passenger in a car accident and how to make a claim. Alternatively, call Legal Helpline now to speak to an advisor.

    What Is A Vehicle Passenger Injury?

    Vehicle passenger injuries are any injuries sustained by a passenger in a vehicle. Road traffic accidents normally occur when two or more vehicles collide with each other. They can also occur when a driver hits a pedestrian or hits a static object such as a tree.

    Here are some examples of injuries that can be sustained after a vehicle accident. They could affect the driver or the passenger:

    • Neck injuries such as whiplash.
    • Head injuries, including traumatic head injuries.
    • Burns.
    • Cuts and lacerations.
    • Broken bones.
    • Facial injuries.
    • Injuries to the spinal cord and/or back injuries.
    • Internal organ damage caused by trauma.

    Government data tells us that in 2019, 25,945 serious injuries caused by road traffic accidents were reported to the police in Great Britain. Therefore, the risks involved with driving should always be taken seriously.

    What Duty Of Care Do Drivers Have To Passengers?

    As we have already mentioned, drivers have a legal duty of care towards all other road users. This means that they should operate their vehicle in a manner that protects the health and safety of other people on the road. This includes their passengers.

    Many of our clients may ask us “What are my compensation rights if I was injured as a passenger?” So long as you didn’t cause the accident that resulted in your injuries as a passenger (for example, by acting recklessly and deliberately pulling the handbrake), you could claim compensation. Essentially, if the road traffic accident wasn’t your fault and you were injured, you could claim.

    Passengers do not need to purchase their own passenger accident insurance to cover them in the event that they are involved in a car accident.

    Who Do Vehicle Passengers Make Their Claim Against?

    A passenger who is injured in a road traffic accident could make their compensation claim against the party who was at fault.

    Can a passenger sue a driver?

    If the driver of the vehicle the passenger was in was at fault, the passenger could claim against their insurance. Similarly, if the driver of another vehicle caused the accident that resulted in the passenger’s injuries, the passenger could claim against the other driver’s insurance.

    Can a passenger sue both drivers?

    If both drivers are judged to have played a part in causing the accident that resulted in injuries and admit fault, this is known as split liability. The passenger could make a claim against both drivers involved in a road traffic accident.

    There are also other parties that may be responsible for the accident. We will now look at different circumstances in which a passenger may make a claim, and look at who they could make their claim against.

    Passenger Injury Claims Against The Driver Of The Car You Were In

    If you were injured as a passenger due to an accident caused by the driver of the vehicle you were in, you could claim. Your claim would generally be against the insurance of the car you were in at the time.

    If you appoint a solicitor to handle your car accident compensation claim, they will arrange for you to have a medical assessment and will value your compensation claim based on the findings of the resulting medical report.

    They could also negotiate with the insurance company for the optimum amount of compensation you could claim.

    Passenger Injury Claims Against Other Drivers

    If you are injured in a road traffic accident, which was caused by the driver of another vehicle your claim will be against that driver’s insurance. If you were a passenger, then you can still make a claim.

    One type of passenger injury is whiplash, which is a soft tissue injury to the neck that occurs when it’s forced beyond its normal range of motion. For example, whiplash can occur if a rear-end collision happens. This is when another vehicle drives into the back of the vehicle you are travelling in. In many cases, this is judged to be the fault of the other driver.

    Can I claim whiplash if I was a passenger?” If you have suffered a whiplash injury due to a road traffic accident that wasn’t your fault, you could be able to make a passenger whiplash claim for compensation.

    If the accident that caused whiplash occurred on or after 31st May 2021, and caused a low-value injury, you could make a claim as per the Whiplash Reform Programme. To find out whether your injuries would fall into this category, why not get in touch?

    Call Legal Helpline today for more advice about making a claim if you were a passenger in a car accident. We can directly answer “I was injured as a passenger — what are my compensation rights?”

    What Are Passenger Injury Claims Against Both Drivers?

    Can a passenger sue both drivers? Potentially, in a case of split liability. Split liability occurs when both drivers involved in a car accident played a part in causing an accident and injuries.

    In cases of split liability, it is determined to what extent each driver is responsible. Liability may be split on a 50/50 basis. Or liability may be split in a manner in which one party is judged to be more responsible than another. For example, liability may be split on a 25/75 basis between two drivers.

    You might wish to ask us, “I was injured as a passenger where more than one driver was at fault. What are my compensation rights?” If you are injured due to an accident where split liability occurred, you could make a compensation claim against both parties.

    Passenger Injury Claims Against Other Parties

    Not all road traffic accidents are caused by drivers on the road. An accident can be caused by another party acting irresponsibly. We will now look at how other parties, including your local authority, may be responsible for your car accident.

    Claims Against Local Authorities

    A local authority is responsible for maintaining certain local roads and setting speed limits, road signs and road markings. If you were injured in a road traffic accident that was caused by disrepair on the roads you may be eligible to claim compensation.

    For example, the surface of the road may have been in poor condition. If the council was aware of this but didn’t take action, it could cause an accident. Because the council’s negligence led to the accident and consequential injuries, they could be liable.

    If you are injured because of negligence on the part of a local authority, you may be eligible to claim compensation. This could be true whether you were a passenger or a driver.

    Claims Against The Vehicle Manufacturer

    A car accident can occur because there is a mechanical fault with the car, which was caused by the car manufacturer.

    Here are some examples of defects that can lead to car accidents:

    • Faulty brakes
    • Defective seatbelts
    • Faulty headlights and/or tail lights.
    • Defective tires

    You may be eligible to make a claim compensation if your injuries were caused by a mechanical defect in the car.

    Claims Against The Highways Agency

    Highways England (the replacement of Highways Agency) is responsible for managing, maintaining and improving motorways and some A-roads. Highways England may be held liable for injuries from accidents on motorways that have been caused by poor maintenance of the motorway, or mismanagement of the motorway.

    If you have been hurt as a passenger in a car accident, or another type of motor vehicle accident, you may be eligible to claim road traffic accident compensation for your injuries. Call Legal Helpline to discuss your claim prospects. If we can see that you are entitled to compensation, we may connect you with a No Win No Fee solicitor from our panel to handle your claim.

    Passenger Injury Claims For Taxi, Rideshare And Private Hire Vehicle Accidents

    Clients may wish to ask, “I was injured as a passenger in a taxi accident, what are my compensation rights?” If you use the services of a taxi firm, private hire vehicle or a car provided by a ridesharing service provider, you are owed a duty of care. The driver should use the roads with the required level of skill.

    If you are injured in a taxi accident that wasn’t your fault, you may be eligible to claim compensation for your taxi accident passenger injuries.

    Can a passenger sue a driver for taxi accident injuries?

    This depends on who was responsible for the accident. Liability may rest with the driver, the firm or a third party such as your local council if the roads were in poor condition and caused the accident.

    Essentially, if someone else’s negligence caused an accident on the roads in which you were injured as a passenger, you could claim.

    Speak to Legal Helpline today to enquire about claiming compensation after being injured in a passenger accident in a taxi, private hire vehicle or ride-sharing vehicle.

    Passenger Injury Claims If You Knew The Driver Did The Following

    In the UK, it is illegal to hold a phone or sat nav whilst driving. It reduces the driver’s concentration and increases the risk of accidents.

    It is also illegal to drive drunk or having consumed more than the legal limit of alcohol allowed because this can also affect the driver’s ability to drive safely.

    Similarly, it is illegal to drive under the influence of illegal recreational drugs, and some prescriptions that can affect the driver’s abilities.

    If you have been injured as a passenger in a car accident you may still claim compensation if you knew that the driver was under the influence of drugs and alcohol. However, the compensation levels could be reduced because you were aware of the driver’s intoxication and proceeded as a passenger anyway.

    Additionally, if the driver was using their mobile phone or deliberately ignoring road safety advice, and you were aware of this, you could still claim. But, as above the potential compensation level could be impacted.

    What could or should you do if you’re injured in a car accident or road traffic accident that was not your fault? You can start by calling our advisors for free legal advice.

    Claims If Injured As A Passenger In Other Types Of Vehicles

    You could make a claim for an injury caused by any vehicle accident, providing the accident wasn’t your fault. This can include a motorbike accident or bus accident, for example. As long as another party is a fault, you may have a claim.

    Passenger Injury Claims Against A Friend Or Family Member

    Being injured due to a car accident can be an emotionally draining experience, especially when a friend or family member was behind the wheel at the time of the accident. If you are close to the person who was at fault when you had your accident, you may worry that claiming compensation will put a strain on your relationship.

    We understand that these situations can be difficult but we believe that claiming compensation is the right thing to do, as it will pay for any medical treatment you may now be in need of. Plus, the claim would be made against the driver’s insurance rather than directly against the driver. That means that the insurance would cover the compensation.

    This guide answers the question “I was injured as a passenger — what are my compensation rights?” If you need any other questions related to road traffic accident claims answering, why not reach out?

    How Is My Passenger Injury Valued?

    How much money can a passenger in a car accident get in the UK? You can use an online claims calculator to value your potential compensation. However, because each claim is unique, it might not be fully accurate.

    That’s why we’ve created the below compensation table. It uses figures from the Judicial College Guidelines (JCG). Legal professionals use the JCG to help them when valuing injuries.

    There are two heads of claim in personal injury claims:

    • Compensation for the pain and suffering caused by an accident that wasn’t your fault falls under general damages.
    • Special damages compensate you for the financial loss that your injuries cause you.

    The below compensation table shows recommended figures for general damages only.

    SeriousnessInjuriesCompensation Which May Be AwardedFurther Notes
    Fear of Impending DeathMental Anguish£4,380 maximumThe claimant feared death or reduced life expectancy.
    Severe (i)Neck InjuriesIn the region of £139,210Injury causing quadriparesis or paraplegia. Or there may be little movement in the neck area and serious headaches.
    Moderate (i)Back Injuries£26,050 to £36,390The claimant will have some level of disability and could have sustained a wide variety of forms of injury.
    ModerateShoulder Injuries£7,410 to £11,980Soft tissue injuries as well as frozen shoulder injuries may fit here if they persist for 2 years.
    Moderate (i)Pelvis and Hip Injuries£24,950 to £36,770Injuries causing disability which significantly affect the hips or the pelvis.
    Simple FractureForearm Fractures£6,190 to £18,020Simple fractures in one of the forearm bones.
    Less SevereElbow Injuries£14,690 to £30,050Injuries affecting this joint and its usability but which do not require major surgical treatment.
    An uncomplicated Colles' fractureWrist InjuriesIn the region of £6,970This includes one type of injury: an uncomplicated Colles' fracture.
    SevereFinger Bone FracturesUp to £34,480 There may be a need for a partial amputation. Otherwise there may be deformities or a reduced ability to use the fingers.
    Amputation of the Little And Ring FingersAmputation of the Little And Ring FingersIn the region of £20,480The amputation of the little and ring fingers.

    In order to prove general damages, you would attend a medical assessment. An independent medical professional would assess your injuries and create a report. The purpose of the report is to:

    1. Identify whether the accident did indeed cause/worsen your injuries.
    2. Identify how severe your suffering is and was.

    If you use the services of a solicitor, they would use the report to help them value your injuries.

    For special damages, the proof you would need includes bills, payslips or receipts (for example). These documents could evidence the financial loss that the injuries caused, such as:

    • Travel expenses for medical appointments.
    • Unpaid leave you took off work so you could recover.
    • Care you needed to help you recover (even if it was gracious care from your family or friends).

    If you can’t see your injuries in the compensation table above, or you would like an accurate, free estimate of what you could claim, why not get in touch? Our advisors are ready to help you whenever you need it.

    What Other Forms Of Damages Could I Claim?

    You might also be able to claim special damages, which is reimbursement for any expenses your injuries have caused you. Your special damages could include the following: medical expenses, mobility equipment expenses if your accident caused you a permanent disability, home and/or car adaptation expenses, care expenses, travel expenses and loss of income reimbursement if your injuries caused you to take time off work.

    No Win No Fee Claims If Injured As A Passenger

    You may be wondering “what are my compensation rights?” if you were injured as a passenger in a road traffic accident. The good news is that, if your injuries weren’t your fault, you might be able to make a road traffic accident claim for compensation.

    You may be considering using the services of a solicitor. In that instance, making a No Win No Fee agreement with the solicitor could be the best option for you.

    Under a No Win No Fee agreement, the solicitor would not charge you an upfront fee for their work. Instead, the solicitor’s fee would only be charged if your claim is successful.

    This means that you don’t have to worry about paying the solicitor’s fee before you are awarded compensation. And, because you don’t pay the solicitor’s fee unless the case wins, there is less financial risk involved in hiring a solicitor.

    To see if you can begin your personal injury claim for a passenger accident, call Legal Helpline today to speak to an advisor

    Contact A Solicitor

    If you have evidence of a valid claim, call Legal Helpline today for your free personal injury claims consultation.

    • Call us on 0161 696 9685.
    • Use our online enquiry form to contact us for a callback at a time best for you.
    • Use our live chat to get instant answers from our online advisors.

    Quick Links

    We hope you have found this compensation guide helpful and it has answered the question, “I was injured as a passenger, what are my compensation rights?” If you still have lingering questions, don’t be afraid to call us, or feel free to read these helpful guides.

    Taxi Accident Claims – How Much Accident Compensation Can I Claim?

    Car Accident Claims – How Much Accident Compensation Can I Claim?

    Roundabout Car Accident Compensation Claims – Who Is At Fault?

    Road Accidents and Safety Statistics

    Reported Road Accidents, Vehicles And Casualties Tables For Great Britain

    Road Traffic Act 1988

    Written by HC

    Edited by RV