In this guide, we will be providing advice for anyone who has been injured in a car accident as a passenger. We take you through how to make a car passenger accident claim, explore the circumstances which can often lead to such accidents, look at examples of common types of injury, find out how to establish legal liability of the party who caused the accident, and show you how we can provide you with more advice about using a personal injury solicitor to make a passenger in a car accident claim.
As a passenger involved in any form of car (or other road traffic) accident, you are unlikely to have played any role in causing the accident. If you have been injured, it is likely that you can make a personal injury claim against the person, or persons responsible for the accident.
Please read this guide for more advice on how to make a successful car passenger injury compensation claim and how we can provide with you an experienced personal injury solicitor.
Select A Section
- A Guide To Car Passenger Accident Claims
- How Much Compensation Can A Passenger In A Car Accident Claim?
- What Can A Passenger In A Car Accident Claim Compensation For?
- Driver And Passenger Accident And Injury Statistics
- Am I Eligible To Make A Car Passenger Accident Claim?
- Ascertaining Responsibility And Liability For Injuries To A Car Passenger
- Claims For Passenger Injuries In A Private Car Accident
- Claims For Passenger Accidents On Public Transport
- Common Causes Of Passenger Car Accidents
- Car Accidents Caused By A Driver
- Car Accidents Caused By Authorities
- Car Accidents Caused By Pedestrian
- Ensuring Car Passengers Are Safe
- What Is Contributory Negligence In A Car Accident?
- Common Injuries Sustained By Passengers In Car Accidents
- Passenger Car Accident Claims Against Foreign Drivers
- I Was The Driver, Can My Passenger Make A Claim Against Me?
- How Do I Claim Compensation As A Passenger In A Car Accident?
- No Win No Fee Car Passenger Accident Claims
- How Our Team Can Advise You To Start A Claim
- Contact Our Advisors
- Additional Advice
Whilst almost always devoid of blame in a road traffic accident, passengers are just as likely to be injured. If you have been injured in an accident which was not your fault, our team can advise you on how to make a passenger car accident claim.
As a victim, you could now be facing a plethora of expenses, as well as possibly having lost income. These expenses and losses can mount up quickly and make your situation even more distressing.
Claiming for compensation as a passenger in a car accident can help you to meet these expenses head on. It can help relieve financial pressures and allow you to return to your normal life as well as allowing you to concentrate on recovering,
Our team can advise you on how to make a no win no fee personal injury claim with a solicitor who is experienced in road traffic accident compensation claims. That means you can take legal action, without worrying about the cost of doing so.
If you have been injured in a car accident as a passenger one of your first questions may be to ask, “can I sue if I was a passenger in a car accident?” If someone else caused the accident, you usually can. After confirming this with people, their next question is usually centred on how much money a passenger in a car accident can get in the UK. We can not give you a definitive answer to this question. That is because compensation amounts are determined by the type of injury suffered, how serious it was and what other forms of damages can also be claimed for.
To provide illustrative advice on what can be claimed, we have included in this passenger accident compensation calculator with advice on potential settlement amounts across a range of injuries.
|How serious was the injury||Body part injured or reason for claim||Award band||Further advice on injuries. Will range from most minor or moderate through to most severe.|
|Moderate - severe||Toe injury||Up to £49,180||Injury might include a laceration, bruising, or other soft tissue injuries. Severe injury may affect the nervous system.|
|Minor - severe||Ankle injury||Up to £61,110||The injury might be affect the function of the ankle over the long term.|
|Minor - very severe||Foot injury||Up to £96,150||The injury suffered might affect the nervous system or a fracture to the bone.|
|Minor to severe||Leg injury||Up to £119,210||Your injury might have affected the nervous system, or it might have caused the leg serious long-term injury.|
|Minor - serious||Hand injury||Up to £54,280||The injury may have been a scrape or a cut. Might also have included a fracture to the hand bone or loss of function.|
|Minor - severe||Wrist injury||Up to £52,490||A wrist injury may include a fracture or a break, may damage the soft tissues.|
|Moderate - severe||Arm injury||Up to £114,810||An injury to the arm may be a fracture or a break. It could also lead to loss of function falling short of amputation.|
|Minor - severe||Back injury||Up to £141,150||An injury to your back could affect your bones or your muscles and connective tissues. It can also damage the ligaments or tendons.|
|Minor - severe||Neck injury||Up to £130,060||This could include an injury which is similar to whiplash.|
|Income earned||Loss of income||£10,000 - £400,000||Calculation based on current or your future earnings.|
|Benefits||Loss of income||£1,000 - £500,000||Calculation based on current or your future benefits.|
|N/A||Funeral costs||£3,000 - £10,000||Awards may be set higher than this maximum|
To obtain an assessment of your case, talk to our advisors today and find out what you may be able to claim.
Above we looked at compensation which you can claim for the injuries which you suffered as a passenger injured in a car accident. Next, we will take a broader look and examine different types of damages which you can commonly claim. Typically compensation settlements are broken into general damages and special damages. General damages are those discussed above, i.e. for the injury. Special damages are a much wider category. Some of the most common of these are looked at below.
Some of the most common forms of special damages are looked at below. If you do have to meet any such costs, keep your receipts to pass on to a solicitor as evidence of these expenses.
After an accident, you may be left facing a variety of different medical expenses and costs. These could include private medical care or the costs of prescription medicines. It can also include the costs of aids, such as a wheelchair, which you need during recovery or over the longer term.
This covers any immediate travel expenses, such as getting to a location to seek treatment or the cost of attending ongoing medical care. You could be reimbursed for the cost of using public transport, or for fuel costs if driving.
Loss of income
As seen in the table above, you can claim for both earnings and benefits which you lost or missed out on due to the accident.
There are many other types of and reasons for claiming compensation. For more advice on what you could claim, contact our team today.
Whilst we might often think of a driver being the person injured in a road traffic accident, statistics show that passengers also have a high likelihood of being injured if they are involved in an accident. Data from the British Government shows that in 2014, 80% of people injured or killed in car accidents were vehicle occupants. 33% of which were passengers. In 2014 this equates to approximately 38,000 people.
In order to be eligible to claim compensation as a passenger in a vehicle accident, most people will need to satisfy a few simple criteria. The most crucial of these are;
- That the accident happened in the last three years, or that your injury became apparent within the last three years.
- That another party was to blame. This could be the driver of the vehicle you were in, another road user, a pedestrian, or any other party.
- That you were owed a duty of care by the party who caused the accident.
If you can satisfy these main criteria, it is likely that you will be able to make a no win no fee personal injury claim.
In order to make a passenger car accident claim, you need to ascertain who was responsible for the accident taking place. In a majority of instances, and in the most common cases, of accidents on the road injuring a driver or passenger, the driver of a vehicle is responsible. In a large number of other cases, the driver of the other vehicle is responsible. There are also cases where another factor is responsible for the accident taking place.
Road traffic accidents can also be caused by the road being in a state of disrepair, or instances where the street lighting may have been insufficient or faulty. In these cases, the local or national authority responsible for the road or lighting’s maintenance could be held liable. As long as you did not do anything to cause or contribute to the accident and were wearing a seatbelt, you could make a personal injury claim.
There are several pieces of evidence which you can collect in order to help a personal injury lawyer better prove liability in your case. Evidence which can help your claim includes the following:
- Photographs of where the accident happened, the vehicles involved, the damage to these vehicles, and of the injuries to occupants.
- Details of all parties insurance policies and providers.
- Any statements by the witness.
- Any recordings from either local CCTV or a vehicles dash cam.
Can I sue if I was a passenger in a car accident where the driver was a friend, relative, or even a partner? The answer to this frequently asked questions is yes. Your relationship to the person responsible does not affect your ability to claim compensation from them. However, it does sometimes deter people from making a claim. In such cases, it will be the insurance company of the driver who the claim will be made against and who will pay compensation, not your friend or loved one.
If you do make a claim against this person’s insurance, this will affect their future insurance premiums. If they are your partner, you may wish to weigh up what you can claim against these potential future costs. Contact our team and we can advise you on the best course of action for you.
As well as private cars, you could also suffer an injury whilst travelling as a passenger on various forms of public transport across the country. You could have suffered an injury, such as whiplash, whilst riding in a private hire car, an Uber vehicle, a Mini Cab or Taxi, or whilst riding on a bus.
If you were injured as a passenger in these forms of transport the claims process may differ a little compared to car passenger accident claims. The party you make a claim against may not be the driver or their insurance provider. Rather in these cases, it may be the company or local authority responsible for operating the transport service. As such, you will not just need the details of the driver and vehicle, but also of the company with overall responsibility for the service you were using, if different.
There are lots of different reasons why car accidents happen. In the following sections, we will take a brief look at some of the most common reasons for vehicle accidents causing injuries to passengers.
Driver error, driving when drunk, speeding and driving when tired are some of the most frequent reasons for accidents injuring vehicle occupants. The driver responsible could be the driver of the vehicle that you were in, or it could be the driver of another vehicle. Either way, to find out how much you could get for your pain and suffering in a car accident caused by a driver, please speak to our advisors today.
Car accident claims can be made against local authorities, such as a local council, or a national authority such as Highways England which maintains and improves both the UK’s motorway and A road networks. These authorities have a duty of care to road users to ensure that the roads they are responsible for maintaining are safe for to use.
There may be cases where your vehicle accident was caused by a damaged road, but where you can not make a claim against the council or Highways England. If the pothole or other damage has not been reported or if there has not been sufficient time for the road to be repaired, the authority in question may not be held liable for your injuries.
In some cases, an accident can be caused by a pedestrian. The simplest and most common circumstances are where a pedestrian has stepped out into the road and a vehicle must swerve to avoid them, causing an accident. You could claim as a passenger in a car accident for compensation if this has happened to you. Pedestrians also have a duty of care towards other road users. They must act in a safe and responsible way. If a pedestrian has caused or contributed to the accident which injured you, talk to a personal injury solicitor provided by us today.
As we have noted already, the driver of a vehicle is legally obligated to ensure that their passengers are kept safe and free from harm whilst travelling in their vehicle. They should take steps, such as ensuring passengers wear a seatbelt which is fully functional. If the passenger is a minor, the driver is obliged to ensure that they are appropriately restrained.
When minors are travelling without the age or height appropriate restraints it is the driver who will be held legally responsible. If your injuries were caused or compounded by a driver failing to ensure your safety you could make a personal injury claim.
In some instances when making a passenger in a car accident claim, there may be more than one party which is responsible for the accident happening. It may also be the case that you as the victim did in some way contribute to causing the accident. If you did not wear your seatbelt your injuries may have been worse than otherwise. In these cases, how much you can claim for pain and suffering or other losses in a car accident is commensurately lower. Your award will take into account the degree to which you contributed to the accident happening.
Car accidents can dramatically vary in severity. As such, the level, nature and type of injuries suffered in them can also vary quite substantially. This is why we included a variety of injury types in our car accident compensation calculator for passenger injuries. Some of the most common injuries for vehicle occupants include;
- Other soft tissue injuries, such as serious cuts and deep lacerations.
- Head injuries or traumatic brain injuries.
- Broken or fractured bones.
- Internal injuries such as damage to your internal organs, or internal bleeding.
- Psychological injuries, such as post-traumatic-stress-disorder or PTSD.
If you suffered any of these injuries or others, find out what your car accident claim could be awarded by contacting or advisors today.
In most cases, the person responsible for your accident will be a UK resident or citizen. However, in some cases accidents may involve foreign drivers, such as a foreign HGV driver. People understandably wonder if they can claim compensation if they are injured in an accident with a foreign driver. The simple answer is yes, you can. The nationality of the driver and vehicle should not affect your ability to claim.
The International Green Card System covers drivers from 44 member countries, mainly in Europe. This system helps to allow vehicles and drivers to move across national borders in as seamless a way as possible. This is thanks to a document which drivers can carry called a Green Card. This Green Card proves that the vehicle is insured in the drivers home country. The system also allows people to make a claim against an insurance company in another country in a straightforward way. Such cases are often brought via the Motor Insurers Bureau. From a claimants point of view, the case will be handled in the same way as any other.
Our team are not just able to provide advice to the passenger in a car accident, but also to a driver who may have been responsible for the accident. If you were the driver of the vehicle in the accident, you may find that your passengers are contacting personal injury lawyers to make a claim against your insurance policy. We understand that this can be a very complicated situation to navigate. In situations where your passenger has been injured, you may be responsible for the injuries. If they did not wear a seatbelt you may be in breach of your duty of care to them as your passenger. As the driver of the vehicle, you owe all of your passengers a duty to keep them safe from avoidable harm.
In most circumstances where a passenger in your vehicle has been injured and is making a car accident claim, the claim will be brought against your insurance policy provider. If you have been involved in an accident, contact our team of advisors to find out what your options may be.
Making a car passenger accident or injury claim can be a difficult and at times complicated thing to do if you do not have the advice you need. As such the best way to take any type of legal action involving a personal injury solicitor or personal injury lawyer is to get specialist and expert advice. There are steps which you can take, such as gathering evidence which can help your case such as photos of the crash and of your injuries. To get more information and advice on what evidence can best support your case, please contact us today.
We understand that perhaps the biggest and most important potential barrier to taking legal action can be the potential expense of doing so. People often worry that they will need to find money to start and to fund their personal injury claim. However, this is one fear which can easily be expunged through a no win no fee claim. This type of contract or agreement can be used to help you fund your case. It will mean that a solicitor will take on your case without any fees or charges being due until you have won your claim. If you do no win, nothing will be payable. It really is that simple.
If you have been injured as a passenger in a car accident and need to make a personal injury claim, you should contact our team of advisors. We can provide you with everything you need to be able to make a compensation claim. We will then advise you of what to do, and connect you with a no win no fee personal injury solicitor who can help you make a compensation claim.
|What To Do Now||What Happens Next||Start Your Claim|
|Contact our team of advisors today by email, phone, or post.||Our team of friendly advisors will then assess your car passenger accident claim.||When you are ready to do so, we can get your claim started.|
Please read these trusted and external resources and well as other guides on our site.
Bus And Coach Passenger Rights – UK Government Information
Detailed information about your rights as a bus and coach passenger travelling in the UK.
EU Bus Passenger Rights
Details of passenger rights through the EU. These rights may change after March 29, 2019.
Car Accident Claims
If you have been injured in a car accident, find out how to claim compensation in this guide.