woman car passenger drive

Road traffic accident claims

Passenger accident claim lawyers

If you’ve been involved in a road traffic accident while not behind the wheel, you may be entitled to make a passenger injury claim. Speak to a member of our industry-leading road traffic accident team to learn how we can help you get the compensation you deserve.

Meet our passenger accident lawyers

Many of our legal experts are considered leaders in the field with a significant amount of expertise.

Tracey Benson, head of serious injury south

Tracey Benson

Head of Serious Injury - South

Matthew Tomlinson

Head of Serious Injury - North

Expert profile of Richard Gaffney

Richard Gaffney

Principal Lawyer

Richard Crabtree

Principal Lawyer

One of the UK’s leading specialist law firms.

We are proud to have partnerships with national charities and be recognised in the latest legal directories, such as the Legal 500 and Chambers and Partners.

Brake The Road Safety Charity
RoadPeace

When can I make a car passenger accident claim?

Being injured as a passenger can be a harrowing and stressful experience. You’ve placed your safety in someone else’s hands and have very little control, yet you may be left dealing with pain, disruption, and uncertainty about what to do next. Even if the driver of your vehicle acts correctly, accidents happen and the consequences can be severe.

Passenger accident claims exist to ensure that you aren’t left facing the consequences of an accident caused by someone else’s actions without support. Under UK law, passengers are not usually considered responsible for causing a road traffic accident, which means they are entitled to claim compensation against the party at fault if they’ve been injured. This means that whether you were travelling in a private car, taxi, minicab or Uber, if you’ve been injured as a passenger due to someone else’s negligent or dangerous behaviour, you may be entitled to claim passenger accident compensation.

Why choose Slater and Gordon’s passenger injury car accident lawyers?

Experiencing an accident as a passenger in any vehicle can be harrowing, and you shouldn’t need to worry or stress about seeking the compensation you deserve to help you get back on your feet. That is why our passenger vehicle accident lawyers are on hand to support and advise you on the necessary steps in pursuing your claim.

  • Our lawyers are among the best and most experienced passenger injury car accident lawyers in the country, consistently receiving high rankings from reputable independent legal directories, such as Chambers and Partners and the Legal 500
  • Many of our road traffic accident solicitors also hold Association of Personal Injury Lawyers (APIL) accreditations
  • We are accredited by both the Solicitors Regulation Authority (SRA) and The Law Society's Lexcel program, testifying to our high standards of professionalism.
  • We handle all passenger injury claims on a No Win No Fee basis, meaning there is no upfront cost and no financial risk to you
  • We pride ourselves on taking a holistic, collaborative approach to your road traffic accident claim, working closely with medical experts who can assess your injuries and determine the future care and rehabilitation you may require.
  • Your long-term recovery is our priority, and we work with several charities that support those who’ve suffered serious injuries and victims of road traffic accidents, including Brake, Road Peace, Aftermath, After Matters, Headway, Spinal Injuries Association, the Limbless Association and more.

What is the process for making a passenger accident claim?

  1. To start your passenger in car accident claim, call us on 0330 041 5869 or get in touch online to speak to a member of the team about the details of your case.
  2. We’ll assess your case and, if we think you have a claim, we’ll talk you through the process and your funding options (most of our road traffic accident claims are pursued on a No Win No Fee basis).
  3. To support your claim, we’ll help you gather all the relevant evidence, including police records and obtaining copies of your medical records (with your permission)
  4. Once we’ve collected all the initial information we need, we’ll submit a Letter of Claim to the responsible party. Your solicitor will keep you up to date with your claims progress and will handle all negotiations, working hard to secure the best possible result.
  5. We will arrange for you to have a medical examination with an independent expert who specialises in providing medical evidence to the court.
  6. As part of your claim, we’ll advocate for you have access to the best quality treatment and rehabilitation such as physiotherapy, where appropriate, to maximise your chances of a full recovery and future independence.
  7. In most cases, negotiations will lead to a successful conclusion of a claim. However, there are occasions when a settlement cannot be reached, and the matter must go to court so a judge can rule on the case.

Talk to us about your case

Call us now on:   0330 041 5869

What are the most common injuries car accident passenger claims cover?

The extent of injuries to passengers involved in road traffic accidents can vary significantly, depending on the seriousness of the accident or collision itself. Some of the most common injuries include:

  • Whiplash or neck injuries
  • Head injuries
  • Psychological trauma or anxiety
  • Broken bones

In 2021, the UK government introduced legislation that changed the way in which whiplash injuries were handled. It means that claims valued at less than £5,000 for the injury itself (and up to £10,000 including the injury and other qualifying losses) are now handled via an online self-service portal, Official Injury Claim. For more information, see our page on whiplash reforms.

What can I claim for as part of a passenger accident claim?

In most cases, you can claim for the full extent of your injuries and any subsequent consequences (for instance, if you’ve been left unable to work). However, there are some circumstances in which your compensation could be reduced if the court believes your actions contributed to the severity of your injuries. This is called contributory negligence.

Examples of contributory negligence could include:

  • Failing to wear a seatbelt in vehicle fitted with one (including taxis and coaches)
  • Voluntarily being a passenger on a vehicle not intended to carry passengers (such as quad bikes)
  • Travelling in a vehicle being driven by someone you know is over the legal alcohol limit or is under the influence of drugs

When making a passenger in car accident claim, the damages you can claim fall into two categories, general and special.

  • ‘General damages’ refers to any physical or mental injuries caused by the accident. The amount that you will receive will be determined by the severity of each injury and how quickly you are likely to recover from those injuries. If you are not expected to make a full recovery, your continuing ongoing difficulties are also considered. Medical expert evidence is used to support this claim.
  • ‘Special damages’ refers to any other expenses or losses that you may incur because of your injuries. For example, it can include the loss of any wages if you have been unable to work, any physiotherapy or other treatments you may need to pay for, any adaptations to your home that may be required, or any travel costs (if, for instance, you’ve been unable to drive). This part of your compensation will also include any future losses you are likely to suffer, including future loss of earnings and care costs.

Talk to us about your case

Call us now on:   0330 041 5869

Why choose Slater and Gordon?

Expertise

We are an award-winning law firm and have a dedicated team of passenger accident solicitors to advise and guide you – no matter how complex your situation may be.

Affordability and advice

We're able to offer affordable expert legal advice and can provide guidance on all aspects of road traffic accident claims. Our Initial Consultation provides tailored advice on your situation giving you clear guidance and options regarding next steps.

Tailored advice

We understand that every claim is different, so we are able to provide tailored advice and guidance to suit your individual needs.

Local access

We are a national law firm, with legal experts available locally across the UK. Meetings can be arranged via telephone or video call, to suit your requirements.

Speak to one of our road traffic accident solicitors today

Call us now on:   0330 041 5869

Frequently asked questions about passenger injury claims

What should I do if I’m involved in a car, taxi, or minicab accident as a passenger?

If you’re injured, or think you may be injured, it is important to seek medical attention as soon as possible, even if your symptoms seem minor at the time. Injuries such as whiplash, soft tissue damage, or head injuries don’t always show immediately, and early medical records can be important if you later make a passenger accident claim.

If it is safe to do so, try to gather basic information at the scene. This includes the names, contact details, and insurance information of the driver you were travelling with, as well as other drivers involved. If the accident involved a taxi or minicab, make a note of the operator’s name, the vehicle registration, and any booking details. Photographs of the vehicles, the scene, and any visible injuries can also be helpful later.

Reporting the accident to the police is essential, particularly if anyone was injured, the road was blocked, or the driver left the scene. In the days following the accident, keep a record of how your injuries affect your daily life. This can include pain, difficulty sleeping, missed work, or extra expenses. These details can all form part of a passenger in a car accident claim.

How much compensation can I claim in a passenger injury car accident claim?

The amount of compensation you can claim for a passenger accident will largely depend on the severity of your injuries, and the impact they have on your life. As a rule, the more severe the injury, the more compensation you will be able to claim.

Other considerations include the cost of any necessary treatment, any time you have had to take out of work to recover, or any adaptations you have had to make because of your injuries.

Can I make a road traffic passenger accident claim if I wasn’t wearing a seatbelt?

You can still make a claim for compensation if you were not wearing a seatbelt at the time of the accident. However, this will be considered when determining the amount of compensation you are due, as not wearing a seatbelt may be seen as contributing to the extent of your injuries.

What should I do if I believe my driver caused an accident?

If you believe your driver has caused an accident, for whatever reason, you could be eligible to seek compensation against them for any damage or injury caused. You will, however, need to prove that your driver acted negligently; for instance, if they were speeding, using a phone, or driving dangerously.

Is there a time limit for making a passenger injury claim?

In general, under UK law you have three years from the date of the accident to make a car accident passenger claim. There are certain circumstances in which this time limit may change; for example, if you’re claiming on behalf of a child, or someone who lacks the mental capacity to do so for themselves.

It’s always best to speak to a specialist passenger accident solicitor to discuss your personal circumstances in more detail. To get in touch, call us on 0330 041 5869 or reach out online, and we’ll be able to help you start your claim.

Can I make a passenger in car crash claim if the driver was uninsured?

If you’ve been involved in an accident that was caused by a driver’s negligent actions, whether it was the driver of the vehicle you were in or someone else, you are entitled to make a claim for your injuries. However, if the driver at fault was uninsured or cannot be traced, it can leave you wondering where to go next.

It is possible to make a claim for injuries sustained because of a collision with an uninsured or untraced driver, though the process is slightly different. In this case, the claim would be made to the Motor Insurer’s Bureau (MIB) rather than the liable party’s insurance company. The MIB will still look to compensate you for any general or special damages, including compensation for your injuries and any subsequent impact they have had on your day-to-day life (such as loss of wages).

Do drivers have a duty of care to their passengers?

Yes. Under UK law, drivers owe a legal duty of care to their passengers. In simple terms, this means that a driver must take reasonable care to ensure that their passengers aren’t exposed to unnecessary risk.

This duty applies whether the driver is a friend, family member, taxi driver, or a professional driver. If a driver breaches that duty through careless actions, such as speeding, driving while distracted, or failing to react properly to road conditions, and a passenger is injured as a result, it can lead to a passenger accident claim.

If you’ve been injured as a passenger in a car, speak to our specialist passenger accident lawyers today on 0330 041 5869 or get in touch online to establish your full legal position.

Who pays passenger in car accident compensation?

When you make a passenger injury claim, the compensation will usually be paid by the motor insurance company who provides cover for the driver at fault.

Under the Road Traffic Act 1988, all motorists are legally required to have a valid insurance policy that covers third party damage as a minimum. This means that compensation can be recovered through this policy for any harm or property damage caused to other road users.

In taxi passenger accident claims, the driver or taxi company will usually hold specialist insurance to cover passengers. If more than one vehicle was involved, it may be possible to claim against the insurer of another driver who was at fault.

Where the driver is uninsured or cannot be traced, such as in hit‑and‑run cases, compensation may still be available through the Motor Insurers’ Bureau (MIB). This scheme exists to protect innocent victims of road traffic accidents and ensures that passengers are not left without support simply because of insurance issues.

Can I make a No Win No Fee passenger accident claim?

Yes, many of the passenger injury claims we pursue are handled on a No Win No Fee basis, also known as a Conditional Fee Agreement. This means that you don’t have to pay legal fees upfront, and you won’t be asked to cover your solicitors’ costs if your claim is unsuccessful.

No Win No Fee arrangements are designed to reduce financial risk and make it easier for injured passengers to access justice. If your claim succeeds, a success fee is usually deducted from your compensation. This fee is capped by law, meaning you will always keep the majority of your compensation.

To learn more or to start a No Win No Fee passenger in a car accident claim, speak to our team today on 0330 041 5869 or get in touch online.

What’s typically covered in a passenger compensation claim?

Passenger compensation claims are designed to recognise both the physical and financial impact of an accident. Compensation may cover pain, suffering, and loss of amenity, which reflects how your injuries have affected your quality of life. This can include ongoing pain, reduced mobility, or the inability to enjoy hobbies and social activities as you did before.

Claims can also include financial losses and expenses linked to your injuries. This may involve loss of earnings if you have had time off work, medical expenses, rehabilitation costs, travel to appointments, and care provided by friends or family. In more serious cases, compensation can take into account future losses, such as long‑term impact on employment or the need for ongoing treatment.

Every passenger injury claim is assessed on its own facts, taking into account the nature of the injuries, their severity, and how they affect your individual circumstances. Our experienced passenger accident lawyers will examine the circumstances of your claim in detail and let you know how much compensation you could be entitled to.

Speak to the team today on 0330 041 5869 or get in touch online.

What if you’re claiming against a friend or family member?

Many people worry about making passenger accident claims when the driver is someone they know. It is important to understand that these claims are not about blaming or punishing the driver personally. In reality, the claim is handled by the driver’s insurance company.

Compulsory motor insurance exists to protect both drivers and passengers in situations like this. Making a passenger in a car accident claim should not affect personal relationships, as the process is largely managed between legal representatives and insurers. In many cases, the driver may even support the claim, as they understand that insurance is there to cover these situations, and compensation can be crucial to providing the support you need through your recovery.

Our supportive passenger accident lawyers can guide you through this process with care, ensuring the focus remains on your recovery and well‑being.

How long will my passenger injury claim take to settle?

The time it takes to settle passenger accident claims can vary. Some straightforward cases, where liability is accepted early and injuries are relatively minor, may resolve relatively quickly. More complex cases, particularly those involving serious injuries or disputes over fault, can take longer.

It is vital that we understand the full impact of your injuries before settling your claim, particularly in cases of serious injury. This is because it can take time to collect the necessary medical evidence.

This means it is often better not to rush the process, especially if your recovery is ongoing or the long‑term effects are not yet clear. Medical evidence plays a key role in determining the value of a claim, and this evidence takes time to gather.

Your legal team will keep you informed at every stage and provide realistic guidance about timescales, so you know what to expect throughout the process.

Can I claim for my injuries as a passenger if no other vehicles were involved in the accident?

Yes, you may still be able to make a passenger injury claim even if only one vehicle was involved. Single‑vehicle accidents can occur for many reasons, such as loss of control, excessive speed, poor road conditions, or driver error.

These claims are assessed in the same way as other passenger accident claims, focusing on whether the driver breached their duty of care and whether that breach caused your injuries.

This means that where a driver has acted without care and caused you harm, you could be entitled to claim passenger accident compensation.

Can I claim passenger accident compensation if I was partly to blame for the injury?

While passengers can’t usually be found at fault for an accident on the road, they can be found partially liable for the extent of their injuries if they acted without care or consideration for their own safety. This is known as contributory negligence.

For example, if you failed to wear a seatbelt and were subsequently injured in an accident, you could be found partially at fault for the severity of your injuries. Any compensation you were awarded for a claim would then be reduced to reflect this. Each case is assessed on its individual facts, and reductions are made on a percentage basis.

Even if you are concerned you may be partly to blame, it is still worth seeking legal advice to establish your position. Speak to our team today on 0330 041 5869 or get in touch online.

Can I make a passenger accident claim if the driver fled the scene?

If the driver left the scene of the accident or cannot be identified, you may still be able to claim compensation. In the UK, the Motor Insurers’ Bureau (MIB) exists specifically to compensate victims of uninsured or untraced drivers.

These claims follow a slightly different process and usually involve strict reporting requirements, including informing the police. While they can be more complex, they are an important safety net for innocent passengers injured through no fault of their own.

Our experienced passenger accident lawyers can help you navigate this process, gathering the necessary evidence and ensuring your claim is presented as clearly and robustly as possible.

Search our website
Filter
Filter:
Sorry, we have no results to show
Please try a different search term.
Oops, something went wrong
Please try typing in your search again.
Back to top

Visit our Scottish Legal Hub

Visit Slater Gordon Scotland