How To Claim After Being Injured As A Passenger
If you were injured in a road traffic accident while travelling as a passenger in a car, taxi, bus, or motorbike, you may be eligible to make a compensation claim. It’s a common misconception that passengers cannot claim if they weren’t driving, but the reality is that injured passengers have just as much right to seek compensation as anyone else involved in a road traffic accident.
This detailed guide from UK Law explains how to claim after being injured as a passenger, what kind of compensation might be available, and how our panel of solicitors could support you through the claims process.
Whether you were in a vehicle that was hit by another, or your driver was at fault, this guide outlines everything you need to know to make a claim. We’ll cover types of accidents, common injuries, the impact of the Whiplash Reforms, and how No Win No Fee agreements can help remove the financial risk of pursuing a claim with legal representation.
If you’ve suffered passenger injuries, you shouldn’t have to face the consequences alone. Find out how to start a passenger injury claim today with the support of UK Law.
Key Takeaways
- You may be eligible to claim compensation as a passenger in any type of road traffic accident
- Not wearing a seatbelt doesn’t invalidate your claim
- Claims can still be made if the driver was uninsured or untraceable
- Compensation covers both general damages for pain and special damages for financial losses
- Our panel of No Win No Fee solicitors offers expert support
Contact Us
If you’re ready to get started, contact us today by:
- Calling on 020 3870 4868
- Using the live chat feature
- Contacting us online
Jump To A Section
- I Was A Passenger In A Road Traffic Accident, Can I Make A Claim?
- What Compensation Could Passengers Get After A Road Traffic Accident?
- How Do Passengers Make A Compensation Claim?
- Types Of Passenger Accident Claims
- The Common Injuries Suffered By Passengers
- Can I Make A No Win No Fee Passenger Accident Claim?
- Frequently Asked Questions
- More Information
I Was A Passenger In A Road Traffic Accident, Can I Make A Claim?
If you were a passenger in a road traffic accident, ypu could make a claim if you can prove the following:
- You were owed a duty of care by a road user
- They breached this duty
- You were injured as a result
All road users owe each other a duty of care. This means that they need to prevent damage and harm to other people while they’re on the roads. To do this, they need to follow the Highway Code and the Road Traffic Act 1988.
As a passenger, if you can prove that the driver breached their duty of care, resulting in your injury, you may have grounds to make a claim for compensation.
As a passenger in a road traffic accident, you are unlikely to be at fault. This often makes it straightforward to pursue a passenger injury claim for compensation. Whether the accident was caused by another vehicle or the driver of the vehicle you were in, you may recover compensation for your injuries and associated losses.
Can I Claim If I Wasn’t Wearing A Seatbelt?
Yes, you can still make a claim if you weren’t wearing a seatbelt during the accident. However, not wearing one may reduce the amount of compensation awarded due to contributory negligence. Courts might lower your settlement by up to 25% if it’s proven that wearing a seatbelt could have reduced the severity of your injuries.
What If The Driver Was Uninsured?
You can make a claim even if the driver responsible was uninsured or untraceable. These claims are handled through the Motor Insurers’ Bureau (MIB), which compensates injured passengers when no valid insurance policy exists. The process differs slightly but still covers general damages, such as physical injuries, and special damages, including travel costs and lost income.
Can I Make A Fatal Passenger Accident Claim?
Yes, fatal passenger accident claims can be made by the estate of the deceased and their dependents within three years from either their death date or confirmation of post-mortem results.
The Law Reform (Miscellaneous Provisions) Act 1937 enables the estate of the deceased to claim for the pain and suffering and financial losses the deceased suffered due to their fatal injuries. They can also make a claim on behalf of the dependent. Additionally, they are the only party that can pursue a claim within the first 6 months.
The Fatal Accidents Act 1976 allows certain dependents of the deceased to claim compensation for the financial losses and emotional impact caused by their loved one’s death. If the estate doesn’t make a claim on their behalf within the first 6 months, the dependents can pursue their own claim.
Contact us today for more information on making a fatal accident claim.
What Compensation Could Passengers Get After A Road Traffic Accident?
If you make a successful passenger accident claim, you could be entitled to two types of compensation: general damages and special damages.
General Damages
General damages compensate you for the pain, suffering, and loss of amenity caused by your injuries. This includes both physical and psychological harm, as well as the impact your injuries have had on your quality of life. For example, if your injuries prevent you from enjoying hobbies or carrying out daily activities, this would be considered under loss of amenity.
When calculating general damages, professionals often refer to the Judicial College Guidelines (JCG). This document provides guideline compensation brackets for a wide range of injuries and illnesses.
We have used some of these figures within the table below, aside from the first entry. Additionally, we’ve also included some tariffs from the Whiplash Injury Regulations 2021, which changed the way certain whiplash and low-value claims are handled in England and Wales. We discuss this more below.
| Injury | Compensation |
|---|---|
| Multiple severe injuries plus special damages, e.g lost earnings | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderately Severe Brain Damage | £267,340 to £344,150 |
| Paraplegia | £267,340 to £346,890 |
| Severe (i) Back Injuries | £111,150 to £196,450 |
| Severe (i) Neck Injuries | In the region of £181,020 |
| Less Severe Arm Injuries | £23,430 to £47,810 |
| Less Serious (ii) Leg Injuries | £11,120 to £17,180 |
| Whiplash Injuries and Psychological Injuries lasting 18-24 months | £4,345 |
| Whiplash Injuries lasting 18-24 months | £4,215 |
Special Damages
Special damages cover the financial losses and expenses you’ve incurred as a result of your injuries. These could include:
- Private healthcare costs
- Counselling or therapy expenses
- Physiotherapy sessions
- Childcare costs
- Lost earnings or reduced earning capacity
- Home adjustments to accommodate your injuries
- Mobility aids or equipment
- Prescription and medical costs
If you choose to work with one of the experienced solicitors on our panel, they will ensure that every aspect of your claim is thoroughly assessed, so you receive compensation that fully reflects your losses. Contact us today to find out how much compensation you could be entitled to for your passenger accident claim.
The Whiplash Reform Programme
How certain low-value road traffic accident claims are made in England and Wales has changed. Your claim needs to be made via a different avenue if:
- You were injured as a passenger or driver of a vehicle
- You are aged 18 or over
- Your injuries are valued at £5,000 or less
Additionally, these injuries will be valued in line with the fixed tariff set our within the Whiplash Injury Regulations 2021.
To learn more about how this may affect your road traffic accident claim, you can contact our advisors.
How Do Passengers Make A Compensation Claim?
To make a passenger accident claim, you will need to provide evidence that supports your case. This evidence needs to demonstrate what injuries you suffered and who was responsible for them (either the driver of the vehicle you were in or another road user).
Some examples of evidence you could gather include:
- Your medical records detailing your injuries
- Dashcam or CCTV footage of the accident
- A police report, if they attended the scene
- The contact details of any witnesses
- Evidence of any financial losses suffered, such as bank statements or invoices.
One of the solicitors on our panel could help you gather evidence to support your case.
Will I Need To Attend A Medical To Prove My Injuries?
Attending a medical assessment is essential to support your passenger injury claim. Medical evidence provides an accurate evaluation of your injuries, such as whiplash injuries, broken bones, or spinal injuries. This documentation helps with calculating your potential compensation for the physical and psychological harm you have suffered.
An experienced solicitor from our panel can arrange for an independent medical examination to ensure your claim is supported by strong evidence. They’ll make sure it’s as local as possible, and at your earliest convenience.
Will I Need To Go To Court For My Claim?
Most road traffic passenger accident claims settle out of court through negotiations with the driver’s insurance company. However, court proceedings may occur if liability is disputed or if fair compensation isn’t offered during settlement discussions. In such cases, legal representation ensures that your interests are protected throughout this process.
Contact our team today for expert guidance on the road traffic passenger accident claims process.
Types Of Passenger Accident Claims
Below, you can find some examples of typical road traffic passenger accident claims.
Car Accidents
Car passengers injured in road traffic accidents can make a personal injury claim against the at-fault party’s insurance company. This could be another driver, or the driver of the car you were in. These claims often arise from collisions caused by speeding, distracted driving, or failure to follow traffic laws. Injuries may include whiplash, broken bones, or head injuries. Medical evidence is essential for proving your case and calculating compensation amounts based on injury severity and financial losses incurred.
Taxi Accidents
Taxi accidents involve unique challenges, such as verifying insurance coverage or identifying liability when multiple parties are involved. Passengers injured in these incidents can claim compensation for physical injuries like soft tissue damage or spinal injuries and associated financial losses like medical treatment costs or lost income. Even if the taxi driver was uninsured, claims can proceed through the Motor Insurers’ Bureau.
Bus Or Coach Accidents
Bus or coach accidents often result from driver negligence, poor vehicle maintenance, or external factors like other drivers’ actions. Passengers injured during sudden stops, collisions, or falls while boarding may pursue road traffic accident compensation for injuries ranging from minor bruises to serious head injuries. Retaining bus tickets and obtaining witness contact details so that their statements can be taken later can strengthen your case.
Pillion Passenger
Pillion passengers on motorcycles are particularly vulnerable during road traffic accidents due to limited protection compared to enclosed vehicles. Injuries such as broken bones, spinal damage, or brain injuries often occur in these cases. As an innocent party relying on another’s safe operation of the motorcycle, you’re entitled to seek full injury compensation if an accident occurred due to negligence.
Contact our friendly team today for more information on the road traffic passenger accident claims process.
The Common Injuries Suffered By Passengers
Passengers injured in road traffic accidents can suffer a wide range of injuries, from minor to life-altering. Understanding these injuries is essential when pursuing a passenger accident claim to recover compensation.
Broken Bones
Broken bones are common physical injuries in road traffic accidents due to the force of impact. Fractures can range from simple breaks that heal within weeks to complex fractures requiring surgery and prolonged recovery. For example, broken legs or arms may lead to mobility challenges and lost income during recovery.
Neck And Back Injuries
Neck and back injuries often include soft tissue damage or more severe spinal complications. Whiplash is one prevalent injury caused by sudden movements during collisions, while herniated discs or vertebral damage may result from high-impact crashes.
Serious Head Or Spinal Injuries
Head injuries, such as concussions or traumatic brain injuries (TBIs), can significantly affect cognitive functions. Severe spinal cord damage might result in long-term disabilities, including impaired motor skills or chronic pain.
Paralysis
Paralysis occurs when spinal cord damage disrupts nerve signals controlling movement. This devastating condition can result in partial or complete loss of mobility, requiring lifelong care and adaptations like wheelchair-accessible housing.
Loss Of Limbs
Amputations resulting from severe road traffic accidents lead to significant lifestyle changes and emotional distress. Prosthetics, rehabilitation costs, and ongoing medical attention contribute to financial risk for injured persons coping with limb loss.
Keep reading for more information on the road traffic passenger accident claims process.
Can I Make A No Win No Fee Passenger Accident Claim?
Our panel of solicitors operate on a No Win No Fee basis, allowing you to pursue your passenger accident claim without the burden of upfront or ongoing fees for their services. This means you can access specialist legal services with peace of mind, knowing that you won’t pay a penny for your solicitor’s work unless your claim is successful.
Under the terms of a Conditional Fee Agreement (CFA), if you win your case, your solicitor will take a success fee from your compensation. This fee is capped by law and is a small percentage, which you will be informed of before your claim begins.
With extensive experience in personal injury law, our panel of solicitors are dedicated to helping you secure the compensation you deserve. But their support doesn’t stop at your claim; they also collaborate with a network of disability specialists and rehabilitation partners to assist you throughout your recovery.
Contact UK Law
To learn more about the road traffic passenger accident claims process or to see if a solicitor from our panel could help you, contact our advisors by:
- Calling on 020 3870 4868
- Using the live chat feature
- Contacting us online
Frequently Asked Questions
Road traffic passenger accident claims can raise many questions, especially for those unfamiliar with the process. Below, you’ll find answers to some common concerns about the road traffic passenger accident claims process.
How Long Will It Take Before I Get My Compensation?
The time required to resolve a claim depends on factors such as the complexity of your case, the severity of injuries sustained, and how quickly fault is established. Straightforward cases involving minor injuries may take several weeks or months, while serious injury claims could extend over a year due to ongoing medical treatment or recovery needs.
Who Will Pay For My Compensation?
Compensation in road traffic accident claims is paid by the at-fault driver’s insurance company. Even if the driver was uninsured or untraceable, you can still recover compensation through organisations like the Motor Insurers Bureau (MIB), which handles such cases under specific circumstances.
What If The Driver Was A Friend Or Family Member?
You can still make a personal injury claim even if the driver was a friend or family member. Any awarded compensation will come from their insurance provider rather than their personal finances.
Speak with our team today for compassionate advice tailored to your situation and start your passenger injury claim confidently.
More Information
For more helpful road traffic accident claim guides:
- Learn about the hierarchy of road users and how it can affect road traffic accident claims
- Read about making a vulnerable road user accident claim
- Get more information on what you need to know about road traffic accident claims
Or, for more information:
- Get information on whiplash from the NHS
- Find out how to request CCTV footage of yourself
- Learn more about road safety from THINK!
Thank you for reading our guide to road traffic passenger accident claims.
