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I Was Injured In A Car Accident As A Passenger, Could A Solicitor Help Me?
At Legal Helpline we often hear questions such as, “I was injured as a passenger, what are my compensation rights?” and “Can I sue the driver?” If you have been injured in a car accident that was not your fault, you may be eligible to claim compensation.
Whether you were injured due to negligence on the part of the person driving the vehicle you were travelling in or injured because of negligence on the part of another party, you may have grounds to claim compensation.
Our panel of solicitors could handle your claim for car accident compensation. To speak to an advisor about your compensation rights, call us on 0333 000 0729. Alternatively, use our online claims enquiry form to reach us. We also have a live chat on this page.
If you have legitimate grounds to claim compensation we could connect you with a No Win No Fee solicitor from our panel to work on your case.
Jump To A Section
- A Guide To Your Compensation Rights If You Were Injured As A Passenger
- What Is A Vehicle Passenger Injury?
- Myths About Claiming As A Passenger
- What Duty Of Care Do Drivers Have To Passengers?
- Who Do Vehicle Passengers Make Their Claim Against?
- Passenger Injury Claims Against Other Parties
- Claims Against National Highways
- Passenger Injury Claims For Taxi, Rideshare And Private Hire Vehicle Accidents
- Passenger Injury Claims Against A Friend Or Family Member
- How Is My Passenger Injury Valued?
- No Win No Fee Claims If Injured As A Passenger
- Contact A Solicitor
- Quick Links
A Guide To Your Compensation Rights If You Were Injured As A Passenger
According to The Highway Code, road users should use the roads with standard care and skill. This is to help protect the safety of others.
Drivers should use the roads appropriately to protect passengers in their vehicles, other drivers and passengers in other vehicles, as well as cyclists and pedestrians and other road users.
If a driver injures another road user because they neglected their duty of care and caused a road traffic accident, they may be held liable for the person’s injuries. The injured party could have the right to claim compensation.
If you are wondering what to do if you are a passenger in a car accident or if suing a driver as a passenger is possible, you should find the answers to your questions in this guide.
Read on to learn more about how to claim after being an injured passenger in a car accident and how to make a claim. Alternatively, call Legal Helpline now to speak to an advisor.
What Is A Vehicle Passenger Injury?
Vehicle passenger injuries are any injuries sustained by a passenger in a vehicle. Road traffic accidents normally occur when two or more vehicles collide with each other. They can also occur when a driver hits a pedestrian or hits a static object such as a tree.
Here are some examples of injuries that can be sustained after a vehicle accident. They could affect the driver or the passenger:
- Neck injuries such as whiplash.
- Head injuries, including traumatic head injuries.
- Burns.
- Cuts and lacerations.
- Broken bones.
- Facial injuries.
- Injuries to the spinal cord and/or back injuries.
- Internal organ damage caused by trauma.
Myths About Claiming As A Passenger
Now we’ve looked at the question, “I was injured as a passenger – what are my compensation rights?”, we want to address certain concerns potential claimants may have about passenger accident claims.
There are some misconceptions about claiming road traffic accident compensation as a passenger, so we want to clear some of these up. It is always the responsibility of the driver to be in control of the vehicle and navigate the roads in a safe manner.
You can still claim if:
- You were a passenger in the vehicle that caused the accident. As a passenger, you were not in any way responsible for the collision, so your injuries may be compensated.
- Knew the driver had taken a controlled substance or had been drinking prior to driving.
- The driver was using their mobile phone, another electronic device or was distracted by in-car systems such as the radio or sat nav.
- The driver knowingly ignored the Highway Code.
These circumstances can result in the driver receiving less compensation than they would otherwise due to split liability and contributory negligence, as well as potentially criminal charges if laws have been broken. However, this won’t impact the passenger in a passenger in a car accident in the same way.
To ask our advisors, “I was a passenger in a car accident, who do I sue?” and to get a free eligibility assessment, call the number below today.
What Duty Of Care Do Drivers Have To Passengers?
As we have already mentioned, drivers have a legal duty of care towards all other road users. This means that they should operate their vehicle in a manner that protects the health and safety of other people on the road. This includes their passengers.
Many of our clients may ask us “What are my compensation rights if I was injured as a passenger?” So long as you didn’t cause the accident that resulted in your injuries as a passenger (for example, by acting recklessly and deliberately pulling the handbrake), you could claim compensation. Essentially, if the road traffic accident wasn’t your fault and you were injured, you could claim.
Passengers do not need to purchase their own passenger accident insurance to cover them in the event that they are involved in a car accident.
Who Do Vehicle Passengers Make Their Claim Against?
A passenger who is injured in a road traffic accident could make their compensation claim against the party who was at fault.
Can a passenger sue a driver?
If the driver of the vehicle the passenger was in was at fault, the passenger could claim against their insurance. Similarly, if the driver of another vehicle caused the accident that resulted in the passenger’s injuries, the passenger could claim against the other driver’s insurance.
Can a passenger sue both drivers?
If both drivers are judged to have played a part in causing the accident that resulted in injuries and admit fault, this is known as split liability. The passenger could make a claim against both drivers involved in a road traffic accident.
There are also other parties that may be responsible for the accident. We will now look at different circumstances in which a passenger may make a claim, and look at who they could make their claim against.
Passenger Injury Claims Against Other Parties
Not all road traffic accidents are caused by drivers on the road. An accident can be caused by another party acting irresponsibly. We will now look at how other parties, including your local authority, may be responsible for your car accident.
Claims Against Local Authorities
A local authority is responsible for maintaining certain local roads and setting speed limits, road signs and road markings. If you were injured in a road traffic accident that was caused by disrepair on the roads you may be eligible to claim compensation.
For example, the surface of the road may have been in poor condition. If the council was aware of this but didn’t take action, it could cause an accident. Because the council’s negligence led to the accident and consequential injuries, they could be liable.
If you are injured because of negligence on the part of a local authority, you may be eligible to claim compensation. This could be true whether you were a passenger or a driver.
Claims Against The Vehicle Manufacturer
A car accident can occur because there is a mechanical fault with the car, which was caused by the car manufacturer.
Here are some examples of defects that can lead to car accidents:
- Faulty brakes
- Defective seatbelts
- Faulty headlights and/or tail lights.
- Defective tires
You may be eligible to make a claim compensation if your injuries were caused by a mechanical defect in the car.
Claims Against National Highways
National Highways is responsible for managing, maintaining and improving motorways and some A-roads. Highways England may be held liable for injuries from accidents on motorways that have been caused by poor maintenance of the motorway, or mismanagement of the motorway.
If you have been hurt as a passenger in a car accident, or another type of motor vehicle accident, you may be eligible to claim road traffic accident compensation for your injuries. Call Legal Helpline to discuss your claim prospects. If we can see that you are entitled to compensation, we may connect you with a No Win No Fee solicitor from our panel to handle your claim.
Passenger Injury Claims For Taxi, Rideshare And Private Hire Vehicle Accidents
Clients may wish to ask, “I was injured as a passenger in a taxi accident, what are my compensation rights?” If you use the services of a taxi firm, private hire vehicle or a car provided by a ridesharing service provider, you are owed a duty of care. The driver should use the roads with the required level of skill.
If you are injured in a taxi accident that wasn’t your fault, you may be eligible to claim compensation for your taxi accident passenger injuries.
Can a passenger sue a driver for taxi accident injuries?
This depends on who was responsible for the accident. Liability may rest with the driver, the firm or a third party such as your local council if the roads were in poor condition and caused the accident.
Essentially, if someone else’s negligence caused an accident on the roads in which you were injured as a passenger, you could claim.
Speak to Legal Helpline today to enquire about claiming compensation after being injured in a passenger accident in a taxi, private hire vehicle or ride-sharing vehicle.
Passenger Injury Claims Against A Friend Or Family Member
Being injured due to a car accident can be an emotionally draining experience, especially when a friend or family member was behind the wheel at the time of the accident. If you are close to the person who was at fault when you had your accident, you may worry that claiming compensation will put a strain on your relationship.
We understand that these situations can be difficult but we believe that claiming compensation is the right thing to do, as it will pay for any medical treatment you may now be in need of. Plus, the claim would be made against the driver’s insurance rather than directly against the driver. That means that the insurance would cover the compensation.
This guide answers the question “I was injured as a passenger — what are my compensation rights?” If you need any other questions related to road traffic accident claims answering, why not reach out?
How Is My Passenger Injury Valued?
How much money can a passenger in a car accident get in the UK? You can use an online claims calculator to value your potential compensation. However, because each claim is unique, it might not be fully accurate.
That’s why we’ve created the below compensation table. It uses figures from the Judicial College Guidelines (JCG). Legal professionals use the JCG to help them when valuing injuries.
There are two heads of claim in personal injury claims:
- Compensation for the pain and suffering caused by an accident that wasn’t your fault falls under general damages.
- Special damages compensate you for the financial loss that your injuries cause you.
As well the JCG figures, we have included the fixed tariff amounts from the Whiplash Injury Regulations. We discuss these regulations in more detail below.
Compensation Table
Please be advised that the top entry was not taken from the JCG.
| Type of Injury | Severity | Guideline Compensation Figure | Notes |
|---|---|---|---|
| Multiple Very Serious Injuries with Special Damages | Very Serious | Up to £500,000 + | The injured person will have sustained very serious injuries as well substantial financial costs such as lost income, medical and care expenses. |
| Neck Injuries | Severe (a)(i) | In the region of £181,020 | Injury causing quadriparesis or paraplegia. Or there may be little movement in the neck area and serious headaches. |
| Pelvis and Hip Injuries | Moderate (b)(i) | £32,450 to £47.810 | Injuries causing disability which significantly affect the hips or the pelvis. |
| Back Injuries | Moderate (b)(i) | £33,880 to £47,320 | The claimant will have some level of disability and could have sustained a wide variety of forms of injury. |
| Hand Injuries | Severe Fractures to the Fingers (f) | Up to £44,840 | There may be a need for a partial amputation. Otherwise there may be deformities or a reduced ability to use the fingers. |
| Amputation of the Little And Ring Fingers (p) | In the region of £26,620 | The amputation of the little and ring fingers. | |
| Elbow Injuries | Less Severe (b) | £19,100 to £39,070 | Injuries affecting this joint and its usability but which do not require major surgical treatment. |
| Other Arm Injuries | Simple Fracture (d) | £8,060 to £23,430 | Simple fractures in one of the forearm bones. |
| Shoulder Injuries | Moderate (c) | £9,630 to £15,580 | Soft tissue injuries as well as frozen shoulder injuries may fit here if they persist for 2 years. |
| Wrist Injuries | An uncomplicated Colles' fracture (e) | In the region of £9,070 | This includes one type of injury: an uncomplicated Colles' fracture. |
| Whiplash Injuries | 1+ Whiplash Injuries with 1 + Psychological Injuries | £4,345 | 1 or more whiplash injuries with 1 or more minor psychological injuries lasting between 18 months and 2 years |
| 1+ Whiplash Injuries | £4,215 | 1 or more whiplash injuries lasting between 18 and 24 months. |
In order to prove general damages, you would attend a medical assessment. An independent medical professional would assess your injuries and create a report. The purpose of the report is to:
- Identify whether the accident did indeed cause/worsen your injuries.
- Identify how severe your suffering is and was.
If you use the services of a solicitor, they would use the report to help them value your injuries.
For special damages, the proof you would need includes bills, payslips or receipts (for example). These documents could evidence the financial loss that the injuries caused, such as:
- Travel expenses for medical appointments.
- Unpaid leave you took off work so you could recover.
- Home and/or car adaptation expenses
- Mobility equipment expenses if your accident caused you a permanent disability
- Care you needed to help you recover (even if it was gracious care from your family or friends).
If you can’t see your injuries in the compensation table above, or you would like an accurate, free estimate of what you could claim, why not get in touch? Our advisors are ready to help you whenever you need it.
The Whiplash Reform Programme
The Whiplash Reform Programme affects how certain road traffic accident claims in England and Wales are made.
If you have suffered whiplash injuries from your road traffic accident, they will now be valued in line with the tariffs found in the Whiplash Injury Regulations 2021, on the basis you fit the following criteria:
- You were a passenger or driver of a vehicle when you were injured.
- You are 18+ years old.
- Your injuries, including your whiplash injuries, have a value of £5,000 or less.
If you have suffered any additional injuries that are not covered by this tariff, they will be valued in the traditional way. Additionally, if your injuries combined are valued at more than £5,000, your claim will be made in the traditional way, but the whiplash tariffs may still apply.
You should call our advisors to discuss your injuries and find out which avenue you should take with your potential road traffic accident claim.
No Win No Fee Claims If Injured As A Passenger
You may be wondering “what are my compensation rights?” if you were injured as a passenger in a road traffic accident. The good news is that, if your injuries weren’t your fault, you might be able to make a road traffic accident claim for compensation.
You may be considering using the services of a solicitor. In that instance, making a No Win No Fee agreement with the solicitor could be the best option for you.
Under a No Win No Fee agreement, the solicitor would not charge you an upfront fee for their work. Instead, the solicitor’s fee would only be charged if your claim is successful.
This means that you don’t have to worry about paying the solicitor’s fee before you are awarded compensation. And, because you don’t pay the solicitor’s fee unless the case wins, there is less financial risk involved in hiring a solicitor.
To see if you can begin your personal injury claim for a passenger accident, call Legal Helpline today to speak to an advisor
Contact A Solicitor
If you have evidence of a valid claim, call Legal Helpline today for your free personal injury claims consultation.
- Call us on 0333 000 0729.
- Use our online enquiry form to contact us for a callback at a time best for you.
- Use our live chat to get instant answers from our online advisors.
Quick Links
We hope you have found this compensation guide helpful and it has answered the question, “I was injured as a passenger, what are my compensation rights?” If you still have lingering questions, don’t be afraid to call us, or feel free to read these helpful guides.
Taxi Accident Claims – How Much Accident Compensation Can I Claim?
Car Accident Claims – How Much Accident Compensation Can I Claim?
Roundabout Car Accident Compensation Claims – Who Is At Fault?
Road Accidents and Safety Statistics
Reported Road Accidents, Vehicles And Casualties Tables For Great Britain
Written by HC
Edited by RV
