Passenger In A Car Accident Claim – How To Seek Compensation
Passenger In A Car Accident Claims Guide
By Daniel Pike. Last Updated 16th November 2022. This article will guide you through some of the things you may need to know if you’re making a passenger in a car accident claim. Some topics that will be covered are; duty of care on the road, who could be liable for an accident, and what you can do if the accident involved an uninsured driver.
If you’re injured as a passenger in a car accident, you could be due compensation for your suffering. Read on to find out more about making a claim after a traffic accident.
Alternatively, contact UK Law using the details below to tell us about your potential claim. Our advisers can offer free legal advice tailored to your circumstances. Get in touch by:
- Calling us at 020 3870 4868
- Contacting us via the live chat feature below
- Filling in our online contact form with your query
Select A Section
- What Is A Passenger In A Car Accident Claim?
- Do Drivers Have A Duty Of Care To Passengers?
- Can You Make A Passenger In A Car Accident Claim?
- Who Do I Make A Claim Against?
- Car Accident Passenger Claim – Time Limits
- Calculate Your Settlement For A Passenger In A Car Accident Claim
- No Win No Fee Passenger Accident Claims
What Is A Passenger In A Car Accident Claim?
It’s possible to sustain an injury during a road traffic accident when you are not in control of a vehicle. Many road accidents could lead to someone becoming injured as a passenger. For example, the car you’re travelling in may be:
- Struck by a lorry or taxi that reversed too quickly
- Sideswiped by a coach or bus changing lanes
- Rear-ended by an HGV driver that was distracted by their phone
You could be a passenger in a car, a van, on a bus, a taxi passenger even riding pillion on a motorcycle. If you are injured as a passenger, then you could claim for the injuries you have sustained, and any costs that have resulted from the harm suffered. Read on to find out what you could claim as a passenger in a car accident.
Do Drivers Have A Duty Of Care To Passengers?
A piece of legislation known as the Road Traffic Act 1988 establishes that road users owe each other and anyone using the road a duty of care. Therefore, anyone driving a vehicle owes a duty of care to the passengers they may be transporting to avoid causing unnecessary accidents.
The Highway Code details road users requiring extra care, wherein those able to cause the most harm have the greatest responsibility to reduce the danger they pose to others. This means, in particular, children, disabled people, older adults as well as cyclists, horse riders and motorcyclists.
If you’re thinking about making a passenger in a car accident claim, contact us for more information on your rights as a car accident victim and what you need to know about road traffic accident claims.
Car Passenger Accident Statistics
In 2019, car occupants accounted for the largest proportion of road casualties across all levels of severity, with 508 drivers and 288 car passengers killed. The provisional results for 2021 show a decrease, with 686 fatalities in the car road user group.
Can You Make A Passenger In A Car Accident Claim?
In order to hold a valid personal injury claim, you must be able to demonstrate how a third party who owed you a duty of care breached it and how this caused you to be injured. Generally, on the road, road users, for example, pedestrians, cyclists, motorbike riders, car drivers, van drivers etc. All owe a duty of care. However, those who maintain the road also owe road users a duty of care to ensure the road is in a good state of repair.
The conditions that must be met in order to claim personal injury compensation are:
- Someone owed a duty of care.
- One of the parties breached their duty of care.
- As a result of this breach, one or more injuries occurred.
Additionally, you must be within the allowed time limit for making a car accident claim. If you have any questions about how long after a car accident you can claim or any other aspect of your potential claim, get in touch with one of our advisers today.
Who Do I Make A Claim Against?
A road user could breach their duty of care in many ways that might lead to an accident. For example, a driver could:
- Become distracted, such as by checking their phone
- Merge into a lane without checking their mirrors
- Ignore traffic lights, road signs or other markings
Drivers who breach their duty of care could be found liable for injuries that result from their negligence. With this in mind, liability could fall upon a number of different drivers, including the person driving the vehicle you were in.
If you’re wondering how to make a passenger accident claim and want some help figuring out which driver may have been negligent, you can get in touch with our advisers. They will listen to your circumstances and may forward your potential claim to a personal injury solicitor.
Accidents Involving Uninsured Drivers
The Road Traffic Act 1988 makes it an offence to drive a car without insurance. However, the Motor Insurer’s Bureau (MIB) estimates that, in 2020, they assisted enough victims of uninsured or hit-and-run drivers to equate to one injury every 20 minutes.
If you are injured in a car accident caused by the negligence of an uninsured driver, your passenger in a car accident claim may be directed to the MIB. The MIB was established by motor insurers to compensate the victims of uninsured or untraced drivers.
Accidents Involving Friends And Family
If you were riding in a vehicle that crashed due to the actions of a friend or family member who was driving, you might still be entitled to make a passenger in a car accident claim. Successful personal injury claims are paid out by the at-fault driver’s insurance policy.
If you have more questions about making personal injury claims against family and friends or would like to know more about claiming through the MIB, get in touch with our advisers today. They can offer you legal advice about your potential passenger in a car accident claim.
Car Accident Passenger Claim – Time Limits
As a passenger in a car accident claim, you will typically have 3 years from the date you are injured in which to start a claim. This is in accordance with the Limitation Act 1980. However, the time limit can begin from different dates, depending on various circumstances.
To give an example, the passenger in a car accident could be a child. For those under 18, the 3-year window of opportunity is frozen. It would only start once the child turns 18. Before this point, a litigation friend must be appointed to claim on behalf of the child.
A litigation friend must also be the one to claim if a claimant has a reduced mental capacity. Their time limit is also frozen unless they make a recovery. They would then have the usual 3 years.
Get in touch with our advisors today to find out if you are still within your time limit to claim.
Calculate Your Settlement For A Passenger In A Car Accident Claim
If you’ve suffered injuries in a car accident, you could be wondering how much compensation you might receive. The settlement for a passenger in a car accident claim could comprise up to two heads of claim, known as general damages and special damages.
General damages are awarded in successful personal injury claims and are intended to compensate you for the pain and suffering caused by your wounds. A traffic accident solicitor may turn to the Judicial College Guidelines for help finding a compensation amount.
Below is a table including some of the injuries that could be caused in car accidents.
| Injury | Compensation Bracket | Notes |
|---|---|---|
| Tetraplegia (a) | £324,600 to £403,990 | Quadriplegia that may or may not include present pain, effect on ability to communicate and awareness of disability |
| Very Severe Brain Injury (a) | £282,010 to £403,990 | Involves little response to environment, no language ability, as well as incontinence. |
| Moderately Severe Brain Injury (b) | £219,070 to £282,010 | Serious disability and dependence upon others. Could include physical or cognitive impairments. |
| Total Blindness (b) | In the region of £268,720 | Complete loss of vision in both eyes. |
| Severe Back Injuries (a) (i) | £91,090 to £160,980 | Severe pain and disability complicated by partial paralysis and/or impaired lower organ function |
| Severe Back Injuries (a) (ii) | £74,160 to £88,430 | Loss of feeling, impaired bladder function, and/or scarring |
| Severe Neck Injuries (a) (i) | In the region of £148,330 | Little or no movement in neck and severe headaches. |
| Severe Neck Injuries (a) (ii) | £65,740 to £130,930 | Serious injury that leads to permanent damage to the brachial plexus or substantial loss of movement. |
| Severe Injuries to the Pelvis and Hips (a) | £78,400 to £130,930 | Fractures that severely impact nearby organs |
| Severe Shoulder Injuries (a) | £19,200 to £48,030 | Serious brachial plexus injuries causing significant neck injury. |
Special damages are the second head of claim that could be awarded in addition to general damages. These are supposed to compensate you for lost finances that have arisen as a result of your injury. For example, they could include:
- Lost earnings
- Lost future earnings
- Property damage that occurred because of the accident, such as broken glasses
No Win No Fee Passenger Accident Claims
If you’re still unsure about making a passenger car accident claim, you can get in touch with our advisers for advice about your specific circumstances. If we feel your claim is valid, we may put you in touch with a solicitor from our panel.
Our panel of solicitors can offer their services on a No Win No Fee basis using an agreement known as a Conditional Fee Agreement (CFA). Under these terms, you won’t have to pay for their services before or during the claims process. Instead, you will pay a small percentage of your compensation, and only if your claim is successful. This amount is capped by law.
To learn more about how you could make a passenger car accident claim or about how a road traffic accident claim works, get in touch with UK Law by:
- Calling us at 020 3870 4868
- Contacting us via the live chat feature below
- Filling in our online contact form with your query
Guides Related To A Passenger In A Car Accident Claim
For more guides about car accident claims:
Pedestrian Accident Claims – A guide for claiming personal injury compensation when injured as a pedestrian
Compensation for being Knocking Off Bicycle – Information about personal injury compensation after being involved in an accident as a cyclist
Claiming as a Motorcyclist – Resource with information about claiming compensation as a motorcyclist
For other information you may find useful:
Uninsured or Untraceable Drivers – Government resource about claiming if the responsible driver is uninsured or flees the scene
Brake – A charity that helps the victims of road traffic accidents
We hope this guide has contained useful information about making a passenger in a car accident claim. For more information, contact us today.
