Passenger Road Traffic Accident Claims

By Emily Mochi. Last updated 26th April 2023. Welcome to our guide on passenger road traffic accident claims. This article focuses on making a claim for compensation if you have been injured as a passenger in a car or another vehicle.

Passenger road traffic accident claims guide

Passenger road traffic accident claims guide

The fault could lie with the driver transporting you, or with another road user entirely. You can still make a claim as long as your injuries were caused by the negligence of someone with a duty of care towards you.

A road traffic accident can involve any number of vehicles. It could be that only one car was involved in a crash caused by poor road conditions. Alternatively, it may be that two or more vehicles were involved in a collision. Regardless of the circumstances, if someone else’s negligence was the reason for your injuries as a passenger, you could be entitled to compensation.

Speak to us directly today. We can offer you helpful guidance regarding these claims completely free of charge.

If we think you have a valid claim, we could connect you with an experienced road traffic accident solicitor from our panel. Read on for information. You’ll also find our contact information below.

Select A Section

  1. How To Make Passenger Road Traffic Accident Claims
  2. Drivers Duty Of Care To Passengers
  3. Does The Drivers Insurance Pay My Compensation Settlement?
  4. What Vehicles Could You Have A Passenger Road Traffic Accident In?
  5. Evidence You’ll Need To Make A Passenger Accident Claim
  6. Calculating Payouts For Passenger Road Traffic Accident Claims
  7. Do No Win No Fee Solicitors Handle Passenger Road Traffic Accident Claims?

How To Make Passenger Road Traffic Accident Claims

Injuries sustained by a passenger can vary in severity. More extreme incidents could end up with you sustaining injuries like broken bones (such as in the knee, thumb or hand etc.), a brain injury or paralysis. You could also claim compensation for a fatal accident on behalf of someone who has passed away.

There have been some changes in the way that low-value road traffic accidents can be claimed for. Because of how frequently road users were claiming for whiplash injuries, there is now a government portal through which you can make claims for whiplash and other low-value injuries.

The Whiplash Reform Programme affects personal injury claims made for road traffic accidents that occur on or after 31st May 2021 where the injuries are worth less than £5,000. These reforms only apply to injuries sustained by drivers and passengers who are over the age of 18.

We would recommend that you get in touch with our team of advisors, as you can still use a solicitor when claiming through this channel. Furthermore, you may be assuming that your injuries are worth less than they actually are.

Our team can offer free legal advice about passenger road traffic accident claims. They also may be able to connect you with a No Win No Fee solicitor from our panel.

Drivers Duty Of Care To Passengers

All drivers have a legal responsibility to drive in a way that ensures the safety of other road users. This includes passengers in other vehicles

This includes things like obeying the speed limit, following road signs and keeping full attention on the road at all times.

Not only is this duty of care relevant to car drivers, but also to operators of commercial vehicles such as a taxi, lorry, HGV, coach, or bus. All can carry passengers that may be put at risk of injury if the driver neglects their duty of care.

Can I Claim If The Driver Was Under The Influence Of Drugs Or Alcohol?

It is still possible to make passenger road traffic accident claims if the driver was under the influence at the time. However, if the passenger is aware of this fact when they enter the motor vehicle then it could affect their eligibility to claim.

As with choosing not to wear a seatbelt, this is a form of contributory negligence. The driver may receive a reduced amount of compensation, or no compensation at all.

Does The Drivers Insurance Pay My Compensation Settlement?

As with other claims made for road injuries, passenger road traffic accident claims can be made against an individual or a company. However, an individual will not have to directly pay you the amount that’s settled on for your compensation. It will be paid by their insurance provider. Every driver must legally be insured to drive a car.

This is the case whether you sue another driver, or the driver of the car you were travelling in if they were at fault. In each case, the insurance provider of the at-fault party will pay the compensation.

Additionally, if you were injured as a passenger due to the driver losing control of the vehicle because of something like a pothole, then the local authority could be said to have acted negligently by not repairing the road. However, in order to claim, you would need to show that they did not carry out the regular checks that would be expected, or that they did carry them out and failed to act on the results.

What If The Driver Did Not Have Insurance?

If your injuries were caused by an uninsured driver, you can still be awarded compensation. However, the process of making a claim is different. Because there is no insurance provider to claim from, you would need to claim through the Motor Insurers’ Bureau (MIB).

This is an organisation that works with the government to make sure that those who have been injured by uninsured drivers or drivers who have fleed the scene (as in a hit and run) can access the compensation that they deserve.

What If The Driver Was A Family Member Or Friend?

If your injuries were caused by a family member or a friend, it is perfectly legal to make a claim against them. Some people may worry that they will leave a loved one in financial distress as a result of making a claim.

However, as with other claims, the amount is not paid directly from the individual responsible for your injuries. The costs will be covered by their insurance company.

What Vehicles Could You Have A Passenger Road Traffic Accident In?

Below, we’ve included information on some of the difference scenarios in which you could experience a passenger road traffic accident. This isn’t an exhaustive list, and if you’ve been injured in a way that we haven’t mentioned below, you may still be able to claim. Speak with a member of our team today for free legal advice about claiming.

Family And Friends Vehicles

Passenger road traffic accident claims in the vehicle of someone you know can arise in a number of different ways. For example, another driver may have collided with the vehicle in which you’re travelling because they breached their duty of care towards you. Alternatively, the person driving you may have acted negligently; if this is the case, you would still be able to claim.

Public Transport

As with other vehicles, the driver of things like buses and coaches must operate the vehicle in a safe way; they owe  a duty of care to all other road users as well as to the passengers in their vehicle.

If the driver of a bus or coach caused a collision because, for example, they emerged from a side road without checking, then you could be eligible to claim compensation for any injuries you sustained.

Private Hire Vehicles

Private hire vehicles include things like taxis and privately-hired minibuses. The person driving the vehicle could be employed by a firm or self-employed.

In either circumstance, they will need to have a relevant insurance policy in place in the event that their negligence leads to an injury of one of their passengers.

Motorbike Passengers

You can also make a claim for compensation if you were injured as a motorbike passenger. This is the case whether the accident was caused by the negligence of the rider, another road user or another organisation altogether, such as a local authority.

Remember, you can still claim against friends and family if their negligence caused your injuries. For example, if they run a red light and you are hit at a crossroads, you could still claim. Their insurance policy should cover the compensation owed to you.

Evidence You’ll Need To Make A Passenger Accident Claim

A driver is responsible for the safety of their passengers. You could be eligible to make a passenger accident claim against a driver if you were injured because they breached their duty of care.

Potential evidence that could be useful in a car accident passenger claim includes:

  • CCTV or dashcam footage to show how the accident happened and establish liability.
  • Photographs of your injuries and the site of the road traffic accident.
  • Copies of your medical reports and records can be useful to acquire, such as an X-ray if you suffered any broken bones from the accident.
  • Witness contact information can be helpful as statements can be taken at a later date.

If you would like additional information about how to make a passenger car accident claim and what evidence can strengthen your case, please speak to our advisors.

Our team can provide further guidance on how you could be entitled to compensation.

Calculating Payouts For Passenger Road Traffic Accident Claims

In passenger road traffic accident claims, the compensation you receive can consist of two separate “heads”. The amount awarded to you for your injuries is known as general damages.

It’s calculated by legal professionals with the assistance of a publication called the Judicial College Guidelines (JCG). Minor injuries tend to be worth less in compensation than major or permanent injuries.

We’ve included some figures taken directly from the JCG in the table below. That way, you can see how much your injuries could be worth. However, these are only guidelines.

 

Edit
Injury Severity Description Amount
Arm Severe (a) Injuries falling short of amputation, such as an extremely serious brachial plexus injury. £96,160 to £130,930
Arm Injuries Resulting in Permanent and Substantial Disablement (b) One or both forearms are seriously fractured and causing significant residual disability. £39,170 to £59,860
Leg Severe (a) (iii) Compound or comminuted fractures that are serious or injuries to ligaments or joints causing instability. £39,200 to £54,830
Facial Disfigurement Less Severe Scarring (b) There is still substantial disfigurement and a significant psychological reaction. £17,960 to £48,420
Skeletal Fractures of Jaws (e) (i) Multiple fractures are serious and are accompanied by permanent consequences such as severe pain and restricted eating. £30,490 to £45,540
Skeletal Fractures of Cheekbones (d) (i) Fractures are serious with lasting consequences requiring surgery. £10,200 to £15,780
Skeletal Fractures of Nose or Nasal Complex (c) (ii) Fracture is displaced and recovery is complete after surgery. £3,950 to £5,100
Neck Minor (c) (i) A full recovery within one to two years. £4,350 to £7,890
Whiplash One or more whiplash injuries with one or more psychological injuries 2(1)(b) Longer than 18 months but no more than 24 months. £4,345
Whiplash One or more whiplash injuries with one or more psychological injuries 2(1)(b) Longer than 15 months but no more than 18 months. £3,100

 

You can also be awarded a figure known as special damages. It’s made up of costs that you’ve incurred as a direct result of your injuries. However, you must have proof.

To illustrate, you could be reimbursed due to a loss of earnings as a result of being absent from work because of your injuries. You would need payslips to confirm the amount you’d be owed.

Get in touch for more information on how your settlement is calculated.

Do No Win No Fee Solicitors Handle Passenger Road Traffic Accident Claims?

Some people worry about being able to afford legal representation to assist them in making passenger road traffic accident claims. However, we have a solution.

All of the personal injury lawyers on our panel work under a Conditional Fee Agreement. This is also known as a No Win No Fee arrangement.

This means that they do not charge any upfront payments, and you are only responsible for paying their costs in the event of a successful claim. This is done by them taking a small percentage of your settlement, known as a “success fee”. This is legally capped, preventing you from being overcharged.

Inversely, if your claim is not successful with a deal such as this in the palace, then you won’t owe them a penny. There will also be nothing for you to pay them in order for them to start work on your case.

To see if you could make a No Win No Fee claim, get in touch with us today. Passenger claims, as with others, often have a time limit placed on them by law. This is known as a limitation period; for this reason, it’s a good idea to get the process started as soon as possible.

To get in touch, you can:

Resources

Feel free to take a look at this additional material that you may find useful.

  1. You have the right to request CCTV footage of yourself to use as evidence.
  2. Information from the NHS for if you’ve broken a bone.
  3. Find out how to appoint a litigation friend to claim on your behalf.
  4. Read this guide for information on how long compensation takes to come through.
  5. How to claim for a back injury after a car accident.
  6. What happens if you’re a cyclist hit by a car?
  7. How Long After A Road Traffic Accident Can You Claim
  8. 5 Changes To The Highway Code You Need To Know
  9. Cycle Accident Solicitors
  10. Vulnerable Road User Accident Claims
  11. I Was Hit By An Undertaking Car, Could I Claim Compensation?

Thank you for reading our guide on passenger road traffic accident claims.

Writer IB

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