By Stephen Hudson. Last Updated 26th September 2024. Welcome to our guide on passenger car accident claims. Injuries suffered while riding in a car as a passenger can be very serious. If you are injured as a passenger in a car accident then you could be eligible to claim compensation.
This guide is based on road traffic accident claims. However, we cover many other areas also. In almost all scenarios the passenger is a blameless victim and can either make a claim from the driver’s insurance or a third party depending on who is at fault for their injury. To make a passenger car accident claim call us today at Legal Expert.
Passenger car accident claims for injuries can be straightforward as in most cases a third party is usually at fault for the accident. Often, the passenger has little control over the accident. A passenger car accident claim may be due to the fact you have suffered mental or physical injuries or even both.
If you would like to receive advice straight away please do not hesitate to call our team on 0800 073 8804 or fill out the online form on our website. Alternatively, speak to us using the live chat window in the bottom right corner.
Select A Section:
- Can I Make A Car Accident Passenger Claim?
- Who Is Responsible For Injuries To A Passenger In A Car Accident?
- Evidence To Support A Claim As An Injured Passenger In A Car Accident
- Can I Make A Car Accident Claim Against A Foreign Driver?
- Can My Passenger Sue Me?
- What Types Of Injuries Do Passengers Sustain In Car Accidents?
- Compensation Payouts In A Car Accident Passenger Claim
- Make A No Win No Fee Passenger Accident Claim Today
Can I Make A Car Accident Passenger Claim?
The Road Traffic Act 1988 establishes that road users owe a duty of care to others, including passengers, to reduce the possible risk of causing harm when navigating the roads. As part of the duty of care that they owe others, road users are expected to follow the mandatory rules which are clearly outlined in the Highway Code.
If you have been injured as a passenger in a car accident caused by another party, then you may be able to claim car accident compensation if:
- You were owed a duty of care by whichever party caused the car accident
- This same party breached their duty of care
- You experienced physical or psychological harm because of this breach
To learn more about when you could claim for a car accident as a passenger and your rights following such an incident, please read on or contact our advisors either on the phone or online for free today.
Who Is Responsible For Injuries To A Passenger In A Car Accident?
As a passenger, you have no control or influence over the vehicle you are travelling in. The fault in a car accident passenger claim, therefore, falls on a third party. We have provided a few possible scenarios of car accidents where a passenger is injured to explain who your claim could be made against.
Examples where a passenger in a car accident claim could be made include:
- The party responsible for the road: Depending on the type of road, different parties can be responsible for its upkeep. If a local authority has not repaired a large pothole on a road they are responsible for, the driver of the vehicle could lose control when they hit the pothole and crash off the road. Your claim would, therefore, be made against the local authority for not maintaining the road adequately.
- The vehicle driver: if the driver of the vehicle you are travelling in was deemed at fault for the accident, you could claim against them.
- Other road users: the driver of another vehicle who was under the influence of alcohol ran through a red light at speed. The driver collided with the vehicle you were travelling in, resulting in multiple fractures to your arm, ribs and shoulder.
To inquire further about making a passenger accident claim or ask how much money can a passenger in a car accident get, speak to our advisors using the contact details provided below.
How Long Do I Have To Make A Passenger Car Accident Claim?
If you’ve been injured in an accident as a passenger, a car accident claim should generally be started within 3 years of the incident as per the Limitation Act 1980. However, there can be exceptions to this time limit.
Some injuries – such as whiplash, for example – may only present symptoms at a date later than the incident in question. In these cases, it may be possible to use the date you become aware of your injuries as the start of your 3-year time limit. This is known as the date of knowledge.
The time limit is suspended if the injured party is under 18. It only begins once they become an adult. Then, the 3-year limit begins. Before this date, as a child cannot make their own claim, a litigation friend must be appointed to do so on their behalf. They can do so with no time restraints until the injured child’s 18th birthday.
The rules are similar for claimants with a lower or reduced mental capacity. The need for a litigation friend remains the same – at least until the claimant is deemed capable of making a claim without assistance. The time limit only starts once their mental state reaches a point of recovery where they can make a claim themselves.
For more information on how to claim car accident compensation and the time limits involved, get in touch with our advisors today.
Evidence To Support A Claim As An Injured Passenger In A Car Accident
When making a passenger injury claim, evidence should be gathered that can highlight your injuries and prove that another road user acted negligently. If you can’t provide supporting evidence for your car accident claim, you may be ineligible for compensation.
Therefore, as a passenger in a car accident, you should gather evidence. For example:
- An opinion from an independent medical expert, who can determine the extent of your injuries and if they were caused by negligence. Your road traffic accident solicitor can help arrange this as part of the claims process.
- Ask your hospital or GP for a copy of your medical records, or you can permit your solicitor to obtain them for you. Any letters from a hospital or surgery may also be used to highlight your injuries and determine what they were caused by.
- If the road traffic accident happened in a place with CCTV, or if a road user had dash cam footage of the accident, you could ask for this footage.
- Photograph any visible injuries i.e. a broken bone or cut.
If you were a passenger in a car that crashed, speak to our advisors for free advice on what steps to take next. You could also be connected with a No Win No Fee solicitor if you seek legal support ahead of making a claim.
What Types Of Injuries Do Passengers Sustain In Car Accidents?
Cars move with such speed and velocity that accidents on the road can inflict almost any injury. As such, the range of compensation claims we have seen has included everything from broken fingers to amputations. Below we have described some common passenger car accident injuries. You might have a claim if you have suffered any of the following:
- Hip Fracture – breaking the pelvis or hip can lead to a loss of mobility and can seriously affect your ability to work.
- Spinal Injuries – among the most serious injuries, those affecting the spine can take the longest to heal. Spinal cord injuries can be life-changing.
- Neck Injuries – whiplash is typical of a neck injury.
- Face Injuries – bruising, scarring, and broken bones in your face can lead not only to pain but to a loss of professional reputation.
- Whiplash – for whiplash diagnosis please see the NHS website.
- Burns – whether caused by chemicals or fires, burns can affect the entire body and can be among the most painful injuries with the longest recovery times.
- Head injuries – head injuries such as concussions are not uncommon in car accidents and can lead to dizziness, nausea, and discombobulation for extended periods of time.
It would be impossible to mention all injuries therefore for any further advice please call our team. We are available 24 hours a day and 7 days per week to discuss any passenger car accident claims. You can ask as many questions as you like in the free consultation we offer.
Compensation Payouts In A Car Accident Passenger Claim
If you have been injured in a car accident as a passenger, you could make a claim for your injuries. Following a successful claim, the compensation settlement awarded to you could include general and special damages.
General damages are provided to compensate you for the pain and suffering that your injury has caused you. If your injury is valued at less than £5,000, you will need to make your claim through the government’s online portal in line with the Whiplash Reform Programme.
Alternatively, if your injury is valued at more than £5,000, we have created the following table to help you understand how much passenger injury compensation you could receive in general damages. These figures have been taken from the Judicial College Guidelines (JCG). Those valuing a passenger injury claim may use the JCG to help them value general damages because it lists compensation brackets for many different injuries.
How much passenger injury compensation you could receive will be affected by the various factors of your claim and could differ from the amounts listed below. Therefore, you should only use this table as a guide.
| Injury Sustained | Severity of the Injury | Guideline Compensation Figure |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £1,000,000+ |
| Injuries Involving Paralysis | Tetraplegia (Quadriplegia) | £396,140 to £493,000 |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Back Injury | Severe (i) | £111,150 to £196,450 |
| Neck Injury | Severe (i) | In the region of £181,020 |
| Neck Injury | Moderate (i) | £30,500 to £46,970 |
| Arm Injury | Severe Injuries | £117,360 to £159,770 |
| Severe Leg Injury | Serious | £47,840 to £66,920 |
| Whiplash Injury | One or More Whiplash Injuries and One or More Minor Psychological Injuries | £4,345 |
| Whiplash Injury | One or More Whiplash Injuries | £4,215 |
Special damages may be added to compensate you for any financial losses you have experienced due to your injury, such as:
- Medical expenses.
- Loss of earnings.
- Travel costs.
- Care costs.
You will need to deliver evidence that confirms these financial losses to be able to claim special damages as part of your passenger injury compensation. Evidence you could provide when claiming special damages could include payslips, bank statements, or receipts.
Contact our advisors today if you have any questions about claiming compensation as a passenger in a car accident. Our advisors could also offer you free legal advice regarding your specific claim.
Whiplash Reform Programme
For road traffic accidents that occurred prior to 21st May 2021 worth up to £5,000, you can now make a claim through the Whiplash Reform Programme, which is an online claim portal. This streamlines the process, but you will still need to present evidence of your injuries and carry out other actions to prove your claim and who was at fault for the accident that caused your injuries.
Despite the name of the programme, it’s not only whiplash claims that they process. All road traffic claims up to the value of £5,000 can be addressed this way. It’s worth getting in touch with us to see if your claim could be worth more than £5,000. It doesn’t matter if you were injured as a passenger, or as a driver. We could still help you be awarded the compensation that you deserve.
Make A No Win No Fee Passenger Accident Claim Today
If you speak to our team of advisors about your potential passenger in a car accident claim, then they can review your case for you. If they establish that your case is strong, then they could put you in touch with one of our No Win No Fee solicitors who could then guide you through the claims process.
Our No Win No Fee solicitors can support a car accident passenger claim under a Conditional Fee Agreement (CFA). Such an agreement provides several advantages. You won’t be required to pay your solicitor for the service they provide either before or during the claims process. You also usually won’t be required to pay any fees to your solicitor for their work if the claim proves unsuccessful.
If your claim is successful, then the solicitor who helped with your case will take just a small, legally capped percentage from the awarded compensation. This is often called a success fee. The legal cap for it makes sure that you get to keep most of the compensation awarded for your claim.
To learn more about working with a No Win No Fee solicitor on making a claim, or to ask other related questions such as “how much money can a passenger get in a car accident?”, get in touch with our advisors.
To reach our team of advisors, you can:
- Phone us on 0800 073 8804
- Fill out the online form on our website.
- Use the website’s 24/7 live chat service.
