Last updated on April 8th, 2022
If you were injured as a passenger in a car accident because of negligence on behalf of the driver of the car, another road user, or a pedestrian then you may have a claim for compensation.
In this guide to claiming compensation as a passenger injured in a car accident, we’ll show you how the claims process works and what types of car accidents you could claim for. We’ll also explain how much compensation could be awarded for a range of different injuries.
We are here to help if you have been injured as a car passenger and would like to review your options. Our team provides free legal advice and a no-obligation assessment of your chances of being compensated. If your case appears to have strong grounds, we could refer you to one of our personal injury solicitors. Importantly, they’ll provide a No Win No Fee service if they agree to represent you.
If you would like to start a car passenger accident claim right away, please call us on 0800 6524 881 today. Otherwise, please read on to learn more about the claims process.
Table of contents
- Am I Eligible To Claim Compensation As A Passenger Injured In A Car Accident?
- Common Car Accident Passenger Claims
- Types Of Car Crash Passengers Could Claim Compensation For
- How Much Compensation Do Passengers In Car Accidents Get?
- Evidence To Support Car Passenger Accident Claims
- Time Limits For Car Passenger Accident Claims
- Starting A Car Passenger Accident Claim
You could be eligible to claim compensation for your injuries as a passenger in a car accident if:
- The party you’re claiming against owed you a legal duty of care; and
- Their negligence caused a car accident; and
- You were a passenger injured in that car accident.
The Road Traffic Act 1988 will usually be used to establish a duty of care. Essentially, all road users have a duty of care to try and keep each other safe so it’s not usually difficult to prove the duty exists. The harder part of the claims process is proving how the other party was negligent. Therefore, we’ll explain what evidence you could use to do so later on.
Generally, car passengers have just as much chance of being injured as the driver. Some of the most common car accident passenger claims for personal injury include:
- Whiplash and back injury claims.
- Head injury claims.
- Anxiety after a car accident.
- Broken bone claims.
- Scarring claims.
- Soft tissue injury claims.
If you were a passenger in a car that was involved in an accident and you were injured in any way, please get in touch today if you’d like us to review your chances of being compensated.
Passengers who’ve suffered whiplash following a car crash could be eligible to claim compensation for their suffering. However, in 2021 the government made changes to the claims process.
An online portal has been set up where you can deal with claims valued at less than £5,000 yourself. Due to the government’s changes, it is not cost-effective for our solicitors to help with these types of claims.
Our advice here is to still call and talk to us about your claim so that we can help you to understand what you could claim for. If we believe your claim value exceeds the threshold, we’ll ask one of our personal injury solicitors to speak with you. If not, we’ll refer you to the claims portal instead.
You may be eligible to claim compensation for any injuries as a car passenger caused by:
- Careless or reckless driving.
- A driver who was drunk or over the drug-drive limit.
- Road rage.
- A driver who was messing with their phone, satnav or radio.
- Accidents at roundabouts or junctions.
- Other vehicles colliding with the back of your vehicle.
- Accidents involving buses, taxis or delivery vans.
Remember, as a passenger injured in a car accident, it doesn’t matter whether your injuries were caused by another driver or the driver of your vehicle. If you had nothing to do with the accident, you could be eligible to claim compensation for any subsequent suffering.
If you’re a passenger in a car that’s involved in a hit and run car accident, you could still be entitled to compensation. The same is true if the car crash was caused by an uninsured driver.
In these cases, you could be entitled to claim through the Motor Insurers’ Bureau (MIB). This is an organisation paid for by all drivers through a levy on their insurance premiums. Therefore, don’t be put off from contacting us for this type of claim.
The type and severity of injury received by passengers in a car accident, such as whiplash, can vary enormously, and therefore so can compensation. In relation to compensation payout amounts, general damages are awarded as a reflection of pain and suffering and life-changing injuries received by the claimant. Special damages involve financial redress for lost income and expenses associated with the injuries received. Each claim is unique but as an injured car passenger, you could claim compensation for:
- Physical and mental harm caused by the car crash.
- Any loss of income resulting from your injuries.
- Any loss of amenity i.e. where your injuries stop you from participating in your usual hobbies or activities.
- The costs associated with somebody caring for you.
- Any travel expenses you’ve incurred as a result of your injuries.
- The cost of repairing or replacing personal items damaged in the car crash.
- Future income loss for long term injuries that reduce your earning capacity.
- The cost of making changes to your house or vehicle to improve your quality of life if you’re left with a disability.
The differences between both general and special damages are explained in more detail here.
As part of the car passenger accident claims process, an independent medical report is usually required to try and ascertain the full extent of your injuries. Your solicitor will usually be able to book a local appointment with a medical expert so you don’t need to travel too far.
Our team of solicitors have been handling car accident claims for many years. In all cases, they will assess the full impact of your injuries to try and make sure you are fully compensated for your suffering.
To help establish how the car accident occurred, how you were injured as a passenger, the level of your injuries, and who was to blame, you should try to provide as much evidence as possible. This could include:
- Photographs of the accident scene. Ideally, these should be taken before any vehicles have been moved.
- Your medical records and x-rays from the hospital or minor injuries unit that treated you.
- Details of any witnesses who saw the car accident happen. If necessary, your solicitor might contact them for a statement later on.
- Information about the other driver and their vehicle. This should include contact details, registration plate number and insurance details.
- CCTV or dashcam footage of your accident. You will need to request footage quickly as it can often be deleted within a matter of days or weeks.
- A diary of events relating to the car crash and the impact it’s had on you. It’s a good idea to record any expenses you’ve incurred and also note the dates that your injuries stopped you from working.
As part of our free review of your claim, we’ll look through any evidence you’ve already collected. Therefore, having as much ready as you can when you get in touch will be helpful.
Our solicitors can only help with car passenger accident claims that are started within a 3-year limitation period. In most instances, this will start from the date of the car accident. Where a child’s been injured in a car crash, the 3-year time limit is not relevant as an adult can claim on their behalf at any time before their 18th birthday.
You should get in touch as soon as possible to make it easier to collect evidence and arrange for medical reports to be gathered. Your solicitor may also be able to request for private medical treatment of your injuries to be paid for by an interim payment before your claim is finalised if necessary.
If you would like us to review your chances of being compensated and potentially start a car passenger accident claim, please feel free to get in touch on 0800 6524 881 today.
If your case is accepted, it will be handled by one of our No Win No Fee personal injury solicitors. That means you won’t have to pay their fees unless you are awarded compensation. All in all, knowing that usually makes the claims process much less stressful.
Thanks for reading our guide on claiming compensation as a passenger in a car accident, and if you require any further information, please call or use live chat to contact us.