According to statistics published by GOV.UK, there were 132,063 casualties caused by road traffic accidents in 2023. A lot of people think that you can only claim if you’re a driver, but that’s just not true– If you’ve been injured in a car accident that wasn’t your fault, you have the right to make a car accident passenger claim.
Key Takeaways In Car Accident Passenger Claims
- You can make a compensation claim if you were hurt in an accident as a passenger
- You can claim against the driver of the car or the other vehicle
- You can claim for your injuries and also any financial losses, such as lost wages
- A No Win No Fee solicitor can help you make a road traffic accident claim
If you’d like to talk to one of our expert advisors about making a car accident claim, you can get in touch by:
- Calling us on 0800 073 8804
- Using the live chat feature
- Contacting us online
Select A Section
- Can I Make A Car Accident Passenger Claim?
- I Was Injured As A Passenger In A Taxi, Can I Still Claim?
- What Types Of Injuries Could I Claim For?
- Common Myths Surrounding Passenger Accident Claims
- How Much Compensation Can You Get From A Car Accident Passenger Claim?
- Making A No Win No Fee Claim
- More Information
Can I Make A Car Accident Passenger Claim?
All road users owe and are owed a duty of care to navigate the roads in a way that prevents harm and injury to themselves and others. It is imperative that all road users comply with this duty by adhering to the Highway Code and the Road Traffic Act 1988. This applies to everyone who uses the roads, including cyclists, pedestrians, and drivers.
It is illegal for a driver to drive while drunk, speed, or drive through a red light. These offences mean that such drivers are liable for road traffic accidents.
Who Would I Claim Against?
Very rarely is a passenger ever at fault for a road traffic accident. Usually, fault will lie with the driver of the vehicle they are in or a third party. In order to find out who you would claim against, an investigation will take place to find out who breached their duty of care and how.
If you’re unsure who you could make a car accident passenger claim against, get in touch with our helpful team today and start your free consultation.
I Was Injured As A Passenger In A Taxi, Can I Still Claim?
Yes, you can still claim if you were injured while riding in a taxi. Taxi drivers need to have insurance to operate legally, so you can claim against the other driver or the taxi driver themselves.
What If I Wasn’t Wearing A Seatbelt?
Wearing a seatbelt is a legal requirement. Many people think that if they weren’t wearing one, they can’t claim. But this isn’t true– You can still claim if you weren’t wearing a seatbelt, so long as you can prove that negligence occurred.
In this case, you could make a contributory negligence claim. This means that you contributed to your injuries, but the accident itself was not your fault.
Contact our team of advisors today to find out if you could make a contributory negligence claim with one of our solicitors.
What Types Of Injuries Could I Claim For?
There are a number of different injuries that you could sustain as a car accident passenger, including:
- Head injuries and brain damage
- Whiplash, including minor shoulder and neck injuries
- Broken bones and fracture injuries
- Muscle, soft tissue and ligament damage
- Permanent scarring
- Sprains and strains
Physical injuries aren’t the only things you can claim for after a car accident. Oftentimes, a car accident can cause you to develop mental health conditions like post-traumatic stress disorder (PTSD), anxiety, and depression.
To learn more about the kinds of injuries you could make a car accident passenger claim for, contact our team today.
Common Myths Surrounding Passenger Accident Claims
There are a lot of myths surrounding the claims process, and we’d like to dispel a few that we often hear from our clients.
- You can’t claim if you were hit by an uninsured driver: This is completely untrue. If you were injured by an uninsured or untraceable driver, you can make a claim through the Motor Insurers’ Bureau.
- You can’t claim if you’re a passenger in the car that was at fault: This is a myth. If you were injured as a passenger in a car accident, it doesn’t matter who was driving, you still have a right to compensation.
- You can’t claim against a friend or family member: You can claim against your friends and family members if they caused the accident.
If you are still wondering whether or not you could make a claim, contact our team of advisors today.
How Much Compensation Can You Get From A Car Accident Passenger Claim?
If you make a successful car accident passenger claim, then you will receive general damages. This head of your claim covers the pain and suffering you go through as a result of your injuries, including both physical and psychological harm. It also covers loss of amenity, which is the effect your injuries have had on your quality of life.
This is only one of two potential heads of compensation that you can pursue. When this heading is calculated, professionals and solicitors might use the Judicial College Guidelines (JCG) for help.
The JCG is a document that has a list of common injuries and illnesses, providing guideline compensation brackets for each one. We’ve set some of these guideline brackets out in the table below, but please note that these are not guaranteed amounts, and the first entry has not been taken from the JCG.
We’ve also included some tariffs from the Whiplash Injury Regulations 2021, which changed the way some whiplash and low-value claims are made in England and Wales. You can talk to our team for more information on the whiplash reform programme.
| Injury | Compensation |
|---|---|
| Multiple Severe Injuries Compiled With Special Damages e.g. Wage Loss | Up to £1,000,000+ |
| Brain Damage - Very Severe | £344,150 to £493,000 |
| Severe (i) Neck Injuries | In the region of £181,020 |
| Severe PTSD | £73,050 to £122,850 |
| Severe Back Injuries (i) | £111,150 to £196,450 |
| Severe Leg Injuries (iii) | £47,840 to £66,920 |
| Severe Shoulder Injuries | £23,430 to £58,610 |
| Traumatic Digestive Injuries (iii) | £8,060 to £15,370 |
| 1+ Whiplash Injuries & 1+ Psychological Injuries | £4,345 |
| 1+ Whiplash Injuries | £4,215 |
What Are Special Damages?
A car accident can cause serious injuries, and these injuries can come with a variety of costs and expenses. Special damages cover these losses, which can include the cost of:
- Private healthcare
- Counselling
- Physiotherapy
- Childcare
- Lost earnings
- Home adjustments
- Mobility aids
- Prescriptions
If you choose to work with one of our solicitors, they will do all they can to make sure that your claim completely covers all your losses. Contact us today for more information on how much compensation you could get for a car accident passenger claim.
Making A No Win No Fee Claim
At Legal Expert, we believe in expert legal help for everyone, regardless of their financial position. Our solicitors work on a No Win No Fee basis, which means you can access specialist legal services without paying any upfront or ongoing fees. In fact, they work under the terms of a Conditional Fee Agreement (CFA), which means you don’t pay any fees unless your claim succeeds.
If you make a successful claim with one of our road traffic accident solicitors, they’ll take a success fee from your compensation. This is capped by law, and taken as a small percentage, which you’ll be made aware of before your claim starts.
We’ve successfully recovered over £80 million worth of compensation for our clients, and our solicitors have decades and decades of combined experience in personal injury law. But our help doesn’t end when your claim does: we work with a range of disability specialists and rehabilitation partners to help you through your recovery.
Contact Our Team
If you’re ready to find out how one of our expert solicitors could help you, contact us today by:
- Calling us on 0800 073 8804
- Using the live chat feature
- Contacting us online
More Information
For more information on road traffic accident claims:
- Learn how to claim for a knee injury from a road traffic accident
- Find out how to make a bus accident claim
- Get help making a claim for a car crash on the motorway
To find further resources:
- Get information on making a claim through the MIB
- Learn about whiplash from the NHS
- Find out how to request CCTV footage of yourself from GOV.UK
Thank you for reading our guide to making a car accident passenger claim.
