How To Make A Taxi Passenger Accident Claim | No Win No Fee

By Danielle Nicholson. Last Updated 27th June 2023. If you’ve recently been injured while riding in a taxi, you may be wondering how to make a taxi passenger accident claim. This guide will walk you through some information on this topic, including who you can claim against in this scenario, what a split liability accident is, and some of the details about claiming for whiplash.

All road users owe one another a duty of care. If you’re injured as a result of a breach of this duty, then this is an example of negligence. We will look at the duty of care owed on the road later in this guide.

Read on to learn more details about what steps you can take if you’re injured in a taxi. Alternatively, you can get in touch with our team of advisors and discuss your potential taxi passenger accident claim in detail by:

  • Calling us at 0161 696 9685
  • Contacting us via the live chat feature below
  • Filling in our online contact form with your query
Taxi passenger accident claim

Taxi passenger accident claim guide

Select A Section

  1. Can I Make A Taxi Passenger Accident Claim?
  2. Common Causes Of Taxi Accidents
  3. Who Could Be At Fault?
  4. What Injuries Could A Taxi Accident Claim Include?
  5. Can You Claim Against A Taxi App Driver?
  6. Compensation Payouts In Taxi Passenger Accident Claims
  7. Make A Taxi Passenger Accident Claim

Can I Make A Taxi Passenger Accident Claim?

If you would like to make a taxi passenger accident claim, you must be able to prove that you meet the eligibility criteria. For personal injury claims, you must prove that:

  •       You were owed a duty of care.
  •       This duty was breached.
  •       As a result of the breach, you suffered injuries.

The duty of care that applies on the roads is set by the Road Traffic Act 1988. Per their duty of care, road users need to navigate the roads in a way that prevents injury and damage to themselves and others. Furthermore, they are expected to adhere to the rules and regulations found within the Highway Code.

In addition to meeting the eligibility criteria, you must also start your claim within the time limit. This is set by the Limitation Act 1980 as generally three years from the date of the car accident. However, there are some exceptions to this. 

Please contact our advisors to learn what these exceptions are. They could also offer you free advice for your personal injury claim.

Common Causes Of Taxi Accidents

A taxi accident is any road traffic accident involving a taxi. These kinds of accidents can involve multiple vehicles or there may be a single-vehicle accident that just involves the taxi.

For example, a passenger in a taxi could sustain an injury if:

  • The taxi sideswipes a post box or bollard
  • Another vehicle collides with the back of the taxi while it is stopped
  • A pedestrian steps into the road, and the taxi hits them

Read on to learn more about who might be at fault in these scenarios and how to make a taxi passenger accident claim.

Who Could Be At Fault?

For a personal injury claim to be successful, you must be able to show three things:

  1. A road user owed you a duty of care. The Road Traffic Act 1988 establishes the duty of care that is owed on the road. The Highway Code outlines information relating to good road conduct, some of which are elsewhere backed up by law.
  2. The duty of care that you were owed was breached.
  3. An accident occurred as a result of this in which you were injured.

When considering the example of travelling in a taxi, there are a number of road users who could be found negligent in their duty of care. For example:

  • Your taxi driver could have run a red light, causing them to collide with another vehicle
  • Another driver could have been operating a vehicle under the influence of drugs, causing them to collide head-on with the car you’re in
  • A driver emerges from a side road without checking that the way was clear, causing a t-bone accident with the taxi you’re travelling in.

If you have further questions about the duty of care you’re owed on the road or the process of making a taxi passenger accident claim, feel free to get in touch with our advisers and discuss your circumstances. If you have a valid case, you could be connected with a lawyer from our panel.

Passenger Accident Claims Against Third-Party Driver

You can claim compensation if you’re injured in a taxi as a result of the driver’s negligence. However, as we have explained above, there are cases where another road user could be at fault for the accident, in which case the claim would be launched against them.

Contributory Negligence

If you’re in a road accident, there are scenarios where your compensation could be reduced because of actions you’ve taken or not taken. This could also apply to passengers in taxis.

If a taxi passenger is not wearing their seatbelt and they sustain injuries that could have been lessened or prevented through doing so, then this might result in their compensation being reduced. However, that person can still make an accident compensation claim, though it’s possible their settlement may be reduced if it can be shown that wearing a seatbelt would have prevented their injuries.

When wondering how to make a taxi passenger accident claim, try to remember that every accident is unique. You can get in touch with our advisers today to discuss your potential claim and receive free legal advice.

What Injuries Could A Taxi Accident Claim Include?

Passengers could receive a range of injuries if they are involved in a taxi accident. For example, they could suffer from:

Whiplash Reform Programme

It should be noted that certain legislative changes have been made in the case of whiplash. If you are the driver or passenger of a car who is over the age of 18, then your claim may be affected by the Whiplash Reform Programme. This means that:

  • You may need to make your claim through an online injury portal
  • The way your claim is valued may be based on the tariff amounts found in the Whiplash Injury Regulations 2021. These tariff amounts might still apply in other claims, too.

To find out more, read our guide about whiplash claims.

Can You Claim Against A Taxi App Driver?

If you’re wondering, ‘can I claim personal injury as a passenger?’ and you were using an app-based taxi service at the time, it could depend on the specific circumstances. The way the accident happened and the terms and conditions of the app you used could affect who you make a taxi passenger accident claim.

Taxi app drivers might be expected to provide their own vehicles and insurance. Furthermore, it is their responsibility to make sure that they follow the rules of the road and ensure that their vehicle is roadworthy.

The only time that you would be able to claim against the taxi app company itself is if their negligence led to a road traffic accident in which you were injured.

If you’re unsure if you’re eligible to make a personal injury claim, we urge you to get in touch with our advisers. We can listen to your circumstances and give you free legal advice about taxi compensation claims.

Compensation Payouts In Taxi Passenger Accident Claims

When considering making a taxi passenger accident claim, you may be wondering, ‘What is the average settlement for a taxi cab accident?’. Settlements in road traffic accident claims can be made up of two heads of claim. These are called general damages and special damages.

General damages are always paid out in successful personal injury claims. They are intended to financially reimburse you for the pain and suffering you experienced as a result of your injury. Solicitors often refer to the Judicial College Guidelines for help in deciding how much compensation could be awarded under general damages.

Instead of including a personal injury calculator, we’ve included some of the entries from the JCG below. It’s important to remember these are guidelines only, and the amount you get in your claim might differ.

Edit
Injury Type Compensation Bracket Notes
Tetraplegia (a) £324,600 to £403,990 Awards will consider life expectancy, level of pain, and ability to communicate
Paraplegia (b) £219,070 to £284,260 Awards will take into consideration increasing levels of paralysis and presence of other injuries
Moderately Severe Brain Injury (b) £219,070 to £282,010 Serious physical or mental disability marked by dependence on others
Severe Back Injuries (a) (i) £91,090 to £160,980 Severe injury to the spinal cord and nerves. May include incomplete paralysis or impaired organ function
Severe Neck Injuries (a) (ii) £65,740 to £130,930 Damage involving fractures to the cervical discs, resulting in permanent or substantial disability
Very Severe Scarring (a) £29,780 to £97,330 Where a young claimant has experienced a severe mental reaction to a disfiguring cosmetic impact
Severe Neck Injuries (a) (iii) £45,470 to £55,990 Injuries involving fractures/dislocations/severe tissue damage. Significant and permanent disability
Severe Shoulder Injuries (a) £19,200 to £48,030 Significant disability and damages to the brachial plexus, causing disability
Serious Shoulder Injuries (b) £12,770 to £19,200 Shoulder dislocation and lasting symptoms including pain, grip weakness or restricted movement
Damage to Teeth Up to £38,130 Significant, chronic tooth pain over a number of years
Whiplash Tariff £4,345 The claimant suffers whiplash along with a minor psychological injury with symptoms lasting 18-24 months.
Whiplash Tariff £4,215 The claimant experiences the symptoms of whiplash that last between 18-24 months.

A second head of claim known as special damages may be awarded in addition to general damages. These are awarded to recompense you for financial losses that occurred as a result of your injury. Special damages can include:

  • Loss of earnings
  • Lost future earnings
  • The cost of travel to and from medical appointments
  • Property damage (for example, if your phone was damaged in the crash you could claim for the cost of a replacement)

For more information on how much your claim could be worth, speak with an advisor.

Make A Taxi Passenger Accident Claim

If you’re still wondering whether you are eligible to make a taxi passenger accident claim, it could be worth your time to contact us today. We will listen to your potential claim and, if we decide it’s valid, may put you in touch with a solicitor.

Our solicitors offer a type of No Win No Fee Agreement called a Conditional Fee Agreement. Under the terms of this agreement, you won’t have to pay for the solicitor’s service before or during the claim. Instead, you will only pay a small percentage of your compensation amount if the claim is successful. In the event that you’re not awarded compensation, you generally won’t pay your lawyer for the work that they’ve done.

For more information, contact Advice.co.uk by:

  • Calling us at 0161 696 9685
  • Contacting us via the live chat feature below
  • Filling in our online contact form with your query

Learn More About Making A Taxi Passenger Accident Claim

We’ve included more of our guides about taxi passenger accidents:

Further information that might interest you is included below:

We hope this guide has answered some of your questions about how to make a taxi passenger accident claim. If you need any more information, contact us today.