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Can I Make A Vehicle Passenger Compensation Claim?

By Cat Way. Last updated 30th August 2023. On this page, you will find a guide consisting of advice and information on the process of making a personal injury claim for vehicle passenger compensation.

Road traffic accidents are the most common of all accidents in the UK. Just because you are a passenger in a car does not mean you have fewer rights with regard to claiming compensation than the driver of a vehicle. This guide is aimed at passengers who have been injured in a car crash and need to claim compensation for their injuries.

Vehicle passenger accident claims

Vehicle passenger accident claims

Alternatively, if you would rather not read all of this guide and simply move on to making a compensation claim, you can call Legal Expert on 0800 073 8804 today and we will help you to get the ball rolling.

We can tell you quickly and easily if you’re able to claim. If you prefer, you can contact us with queries about your rights as a passenger in a car through our website or by writing to us using our Live Chat service. 

Please read on to learn more about making a personal injury claim.

Select a Section:

  1. A Guide To Vehicle Passenger Compensation Claims
  2. Can I Claim If No Other Vehicles Were Involved?
  3. Can I Claim Vehicle Passenger Compensation From A Friend Or Family Member?
  4. Can I Claim Compensation As A Passenger If The Driver Was Uninsured?
  5. What Happens If The Other Driver Was Not Insured
  6. Can I Make A Passenger In Car Accident Whiplash Claim?
  7. What Is Included In A Car Accident Injury Settlement?
  8. Calculating The Average Settlement For Passenger In Car Accident Claims
  9. No Win No Fee Vehicle Passenger Compensation Claims
  10. Useful Links

A Guide To Vehicle Passenger Compensation Claims

This guide to making personal injury claims for injuries sustained in a road traffic accident as a passenger is aimed at anyone who finds themselves in the position of needing to make such a claim. It aims to provide you with all the information and advice you need to understand the legal process whilst making a claim. You won’t find any kind of online personal injury claims calculator on this page, as we feel they are inaccurate, and often give claimants the wrong idea of the amount of damages they could claim.

This guide includes information such as:

  • A discussion of the situation whereby a passenger was injured in a vehicle, but there was no collision with another vehicle, the driver of the passenger’s vehicle caused the accident.
  • Information on the rights of passengers to claim compensation for injuries sustained whilst travelling on some form of public transport.
  • Details of the rights of a passenger who was injured in a road traffic accident, where the driver of the vehicle that caused the accident was not insured.
  • A step by step description of the process of making a claim for a passenger injury caused by a driver with no insurance.
  • A more detailed description of the rights that every passenger has with regard to claiming compensation for injuries caused in a road traffic accident in the UK.
  • Information on claiming compensation as a passenger who has suffered a whiplash injury in a car crash.
  • Taking the opposite view, we take a look at the rights of a driver who has caused an accident to a passenger, and whether they can be sued or not.
  • A detailed table which shows the level of compensation paid to passengers who have been injured in a road traffic accident, for a wide range of different injuries.
  • An introduction to the No Win No Fee road traffic accident claims service offered by Legal Expert, as well as the reason why we believe this is the very best service you can find for claiming compensation as a passenger.

Once you have finished going over this guide, if you still have unanswered questions, you can call us on the number at the bottom of this page and we will do our best to answer them.

Can I Claim If No Other Vehicles Were Involved?

If you are the passenger of a vehicle, and the driver has an accident, such as veering off the road due to driving too fast, then a personal injury lawyer will be able to help you to claim compensation. However, you must fulfil certain criteria in order to be able to usefully make a compensation claim. This includes making sure you begin your claim within the personal injury claims time limit of three years.

Legal Expert can help you claim if the driver of a car you were riding in has had an accident, and you were injured. Call us at the number at the bottom of this page to find out how.

Can I Claim Vehicle Passenger Compensation From A Friend Or Family Member?

If you were injured as a passenger while riding in a car that was being driven by a family member, then you will be able to engage a personal injury solicitor to make a compensation claim. The fact that the driver was a member of your family makes no difference to the legal process of making a claim, as compensation is sought from the driver’s insurance company, not the driver themselves.

If you need to make a compensation claim for a car crash while riding as a passenger with a family member, Legal Expert can help. Call us at the number at the bottom of this page so we can help you start your claim today.

Can I Claim Compensation As A Passenger If The Driver Was Uninsured?

When we look at passenger in a car accident rights, the situation becomes complicated if the driver of the vehicle that caused the accident was uninsured. The answer to the question, are passengers covered by car insurance? is usually yes. So, what happens when there is no insurance company to claim from?

The UK Government operates an organisation, called the Motor Insurers Bureau (MIB), which is in place to compensate the victims of uninsured drivers. The MIB is funded by a small percentage of every insurance premium collected in the UK, being given to the organisation. So, in effect, when the driver of the vehicle that caused the accident has no insurance, then the MIB takes the place of the insurance company in the claims process.

In this instance, then, your rights as a passenger in a car are the same as the driver’s – you would be able to claim through the MIB if you were injured as a result of the driver’s car colliding with an uninsured driver’s vehicle. Legal Expert has plenty of experience in making MIB claims, and we can help you make a successful claim, call us on the number at the bottom of the page to find out how.

What Happens If The Other Driver Was Not Insured

Part of the answer to the question, how much money can a passenger in a car accident get? depends on whether the driver of the car that caused the accident was insured or not. This answer leads to additional questions, such as can my passenger sue me personally if I caused an accident and I wasn’t insured?

The MIB carries compensation claims for victims of road traffic accidents that were caused by an uninsured driver. If you were the uninsured driver, then no claim will be made against you personally, you will, however, likely be prosecuted for driving without insurance.

When a passenger is injured by an uninsured driver, your legal team will know that they need to contact the MIB and not the driver’s insurance company.

Can I Make A Passenger In Car Accident Whiplash Claim?

If you were a passenger in car accident whiplash is a very common medical condition that results from the force of the accident, causing the neck to whip forwards and backwards, causing potentially very serious damage.

A whiplash injury can range in severity from simply stiffness that will clear up in just a few days, all the way through to severe damage to the top of the spine, that could cause permanent damage.

As per the new Whiplash Reform Programme, if you’re over the age of 18 and have suffered an injury in a road traffic accident worth £5,000 or less, you would need to claim compensation using their online portal. Your rights as a passenger in a car are the same as anyone who has been injured in such an accident. 

However, if you’re unsure about how much your injury is worth or how you should claim, we can help you with that. Simply call us using the details above at a time that suits you and we’ll be able to tell you if you’re eligible to claim.

What Is Included In A Car Accident Injury Settlement?

Whether you are claiming against the driver’s insurance company, or the MIB as an injured passenger in a car accident without insurance, the types of damages you can claim will be the same. They include:

  • General damages include the initial pain of the injury and accident, as well as pain during treatment, psychological trauma and damage, as well as compensation for any long-term effects of the injury or permanent disabilities.
  • Special damages – include out of pocket expenses such as travel costs and medical fees, as well as lost income both current and future, as well as any other ad-hoc financial losses.

Calculating The Average Settlement For Passenger In Car Accident Claims

It is very difficult to give an idea of the average settlement for passengers in a car accident, as every claim is different. The table below gives a fairly accurate indication of compensation amounts for a range of injuries:

Edit
Type of Injury Severity Bracket of Compensation Features of Injury
Brain Moderate (ii) £85,150 to £140,870 Moderate to modest intellectual deficit will be caused with the ability to work being greatly reduced. There will also be some risk of epilepsy.
Post-Traumatic Stress Disorder Moderately Severe £21,730 to £56,180 Some recovery will be made through professional help. However, potential ongoing symptoms include flashbacks, nightmares, general sleep disturbance and mood disorders.
Neck Severe (ii) £61,710 to £122,860 Serious fractures or damage to the discs of the cervical spine which lead to considerably severe disabilities that can affect your quality of life.
Neck Moderate (i) £23,460 to £36,120 Fractures or dislocations that may require spinal fusion surgery.
Back Severe (iii) £36,390 to £65,440 Disc fractures, lesions or soft tissue injuries that cause chronic conditions that, despite surgery, still result in disabilities.
Back Minor (i) £7,410 to £11,730 Less serious strains, sprains or soft tissue injuries where a full recovery (or a recovery to nuisance level) takes place within two to five years. Surgery would not be required in these instances.
Shoulder Moderate £7,410 to £11,980 Frozen shoulder causing movement limitation and discomfort. Symptoms will continue for around two years.
Pelvis and Hips injuries Severe (ii) £58,100 to £73,580 Severe injuries with unique features that put them above lower brackets. An example of this is traumatic myositis ossificans with formation of ectopic bone around the hip.
Arm Less Severe £18,020 to £36,770 Significant disabilities will have taken place. However, a substantial degree of recovery will have either already occurred or will be expected to occur.
Elbow Moderate or Minor Up to £11,820 Simple fractures, tennis elbow syndrome and lacerations.

Please remember, however, that these figures only provide you with an idea of what you could receive as every claim is unique. For a more accurate estimate of how much you might claim as a passenger injured in a road traffic accident, call Legal Expert on the number at the bottom of this page.

No Win No Fee Vehicle Passenger Compensation Claims

If you have valid grounds to proceed with your vehicle passenger injury claim, one of our expert No Win No Fee solicitors may be able to help. Working with a solicitor can bring many benefits to your claim; for example, a solicitor can help you gather evidence to support your case. Our solicitors also take on claims from all over the country, which means you don’t have to work with a local solicitor.

Plus, our solicitors work on a No Win No Fee basis, through a Conditional Fee Agreement (CFA). This means that you don’t pay an upfront fee for them to start working on your claim, and you don’t pay a fee for their continuing work. Similarly, you don’t pay a fee to your solicitor for their work if your claim fails.

You will pay a fee if your claim succeeds. This is known as a success fee and is taken directly from your compensation. However, there is a legal cap in place, limiting the percentage that they can take as their success fee.

Our solicitors are here to help. To find out if you could be eligible to access their services on a No Win No Fee basis, contact our advisors today. They can evaluate your vehicle passenger accident claim for free, and may be able to connect you with one of our solicitors. To get started:

Useful Links

At this link, you will find a full guide to making compensation claims for road traffic accidents, for passengers and drivers:

A guide to claiming for road traffic accidents

At this link, you will find a full guide to making compensation claims for road traffic accidents caused by a drunk driver, for passengers and drivers:

A guide to claiming for road traffic accidents caused by drunk driving

At this link, you will find the website of the Motor Insurers Bureau (MIB):

Motor Insurers Bureau website

At this link, you will find UK Government published statistics relating to road traffic accidents in the UK:

UK Government statistics on road traffic accidents

At this link, you will find information on the cause and treatment of whiplash injuries published by the NHS in the UK:

NHS information about whiplash injuries

If you have any other questions about making a vehicle passenger compensation claim, please get in touch.

Other Helpful Compensation Guides