I Was Injured As A Passenger – What Are My Compensation Rights?

Injured passenger with a bloodied, but bandaged, forehead. He is sitting in in the passenger's side of a car.

Injured as a passenger

If you were an injured passenger in a road traffic accident, you could have the right to seek compensation for any injuries and financial losses you suffered as a consequence. A negligent driver who causes a road accident could be held liable. A passenger who was injured might be able to claim, providing circumstances surrounding the crash allow for it.

Our guide explains your rights as a passenger in an accident. It also offers advice on how this type of personal injury claim can sometimes become complicated if you are unaware of your rights. We provide information on how to make a road accident claim against a negligent driver, and how much personal injury compensation your claim could be worth.

For more advice on your rights to compensation if you were an injured passenger in a road traffic accident, please get in touch with a member of our staff on 0800 408 7825.

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A Guide On Rights To Claim Compensation If Injured As A Passenger

You may ask the question ‘Can an injured passenger sue a driver?’ The answer is that you could seek compensation for injuries sustained in a road traffic accident. This would depend on it not being your fault. Our guide explains how to make a personal injury claim against the driver of the car you were in, or against the driver of the other vehicle if they caused the accident and your injuries. We also explain what a driver’s duty of care is towards passengers.

In this guide, we offer an idea of how much your claim could be worth, and whether you could sue if drivers reach a split liability agreement. We also explain whether you could sue a family member or friend if you were an injured passenger in a road traffic accident they caused.

Our guide provides valuable information on how a solicitor could offer to work on your claim through a No Win No Fee agreement once it has been determined you have a valid case with a strong chance of success. We explain what No Win No Fee entails, and how this could benefit you.

To find out more about seeking compensation, please get in touch with an adviser today for free legal advice.

What Is An Injury As A Vehicle Passenger?

If you were an injured passenger in a car accident, you might only sustain minor injuries. However, your injuries could be a lot more severe, causing you to take time off work to recover. This could put you under tremendous financial pressure as you may not bring in your regular salary until you are back on your feet. Making a personal injury claim against the driver responsible could help you through what would otherwise be a difficult time.

It is worth noting that when you seek compensation for injuries sustained as a passenger in a road traffic accident, your claim could be settled by the fault driver’s insurance provider. Even if you were an injured passenger in the car which caused the accident, you could seek compensation for the pain, suffering and losses you endured as a result.

The sort of passenger injuries you could claim for may include the following:

  • facial scarring or bruising
  • neck and back injuries
  • broken/fractured bones
  • whiplash
  • burns
  • serious spinal and head injuries
  • the loss of limbs
  • paralysis
  • fatal injuries

To discuss your claim with an adviser, please get in touch today. (There is no obligation to proceed with our services after your chat.)

Estimating The Average Compensation For An Injured Passenger

In the table below we have included an idea of how much your personal injury claim could be worth. The amounts shown are based on the Judicial College Guidelines, a regularly updated publication used by solicitors as an aid when valuing claims.

 The figures shown relate to general damages (compensation for the pain, suffering and loss of amenity you endured as a consequence of your injuries). The amounts do not include any special damages.

Type of injury and severity Amounts awarded in General Damages
Moderate arm injuries Up to £11,040
Severe back injuries£36,390 to £151,070
Moderate foot injuries £12,900 to £23,460
Severe foot injuries£39,390 to £65,710
Serious leg injuries£36,790 to £51,460
Moderate neck injuries £7,410 to £36,120

Further Examples Of Damages That May Be Awarded

Personal injury claims can be settled in two parts: general damages and special damages. The figures in the table above come under general damages, which compensates you for the injuries you suffered. Special damages are awarded to claimants for expenses and losses they incur due to being injured through no fault of their own.

Special damages are calculated on ‘actual’ expenses and, as such, the evidence must be provided to claim them back. You could recover the following losses and costs when making a personal injury claim if you were an injured passenger:

  • Loss of earnings during the time you were off work during your recovery.
  • Loss of future income if you are unable to work again due to the injuries you suffered.
  • Care costs if you require assistance with daily chores around the home whilst you recover from your injuries.
  • Medical expenses you incurred. This could include the cost of prescriptions, treatments, therapies or rehabilitation not covered by the NHS.
  • Travel expenses you incurred due to your injuries. This could cover the cost of getting to and from a medical facility for treatment and parking costs.
  • Other expenditure you can link to the injuries you suffered.

For a more accurate idea of how much your injured passenger claim might be worth, please speak to one of our advisers today. 

Drivers And Road Users Duty Of Care To Passengers

A driver or operator of any sort of motor vehicle owes a duty of care to passengers, which means they should drive safely and carefully at all times. This not only reduces the risk of passengers being injured in a road traffic accident, but it also helps reduce the risk to other road users too.

If the driver of a vehicle you are travelling in, or the driver of another vehicle, fails in their duty of care towards you, you could seek compensation for the damages and losses you endure as a result. 

Suppose the way a person drives a vehicle causes the passenger to suffer severe brain damage or results in a passenger’s fatality. In the event that a passenger’s injuries prevent them from claiming, their family could seek compensation because of the driver’s recklessness or negligence. They could also sue a driver of another vehicle if they were responsible for the injuries their loved one suffered.

For further advice, please get in touch today.

Could I Sue The Driver Of The Vehicle I Was In?

You could make a car accident claim if you were an injured passenger due to negligent driving. All road users should abide by The Highway Code and drive with an awareness of those around them. They should aim to avoid accidents by abiding by the rules of the road. For example, drivers shouldn’t go faster than the speed limit and should stop at red lights. A Driver may be liable if they:

  • Was under the influence of drugs or alcohol.
  • Was using a mobile phone.
  • Ignored road safety advice and did so deliberately.

There are other instances of negligence in car accidents, so call our team today to see if your case could qualify for compensation.

Could I Sue The Driver Of Another Vehicle?

If the driver of another vehicle caused the accident and, consequently, your injuries, you could make a claim for compensation. Be sure to get the other driver’s contact and insurance details.

However, If you’re unable to do so because they’re an untraceable (uninsured) driver, you could make a claim through the Motor Insurers’ Bureau. A personal injury solicitor could help you claim compensation for your injuries as well as any financial losses. 

Could I Sue For A Split Liability Traffic Accident

Sometimes, liability in a road traffic accident can clearly fall on one party’s shoulders. However, there are instances when full liability is harder to detect. Both drivers could be deemed to have caused the incident. Should this be the case, it would fall under ‘split liability’, which can be known as 50/50 liability.

As an injured passenger in a road traffic accident that was not your fault, you have the right to seek compensation from both (or more) drivers if they are responsible for the accident.

Could I Sue Another Party For My Road Accident?

Whether you could sue other parties for the damage and losses you endured would depend on circumstances surrounding the road traffic accident in which you were injured. You may be able to seek compensation by suing the following: 

  • A local authority – if the car accident in which you were an injured passenger was caused by a poorly maintained road surface, pothole, or faulty streetlights. There would have to be substantial evidence to prove that the council knew of these defects and failed to repair them. Or they failed to inspect when needed. 
  • The vehicle manufacturer – should the car accident have been caused due to a vehicle malfunction.
  • Mud or obstruction on the roads – If a framer or construction company left obstacles or mud on the road without clearing it away or clearly signposting it they could be liable in the event of a road traffic accident.

Call our advisers to see who you could claim against.

Could I Sue If I Knew The Driver Was At Fault In These Ways

We have to take responsibility for our own safety even if another party legally has a duty of care to keep us as safe as possible. For the simple reason, we are our own person and also a third party may not always have your best interest at the forefront. If you get into a car knowing that a driver is drunk you may not be eligible to make a claim if they cause a crash and you are injured.

Could I Claim If I Was A Passenger In Another Type Of Vehicle?

You could seek compensation if you were an injured passenger in other vehicles. To hold a valid claim as an injured passenger another party must have a duty of care towards you. This duty will have been breached and this negligent action will have caused your suffering. Other vehicles you may be a passenger in include; 

  •  Motorbikes
  •  Buses/coaches
  •  Work/private vehicles
  •  Taxis
  •  Scooters

If the vehicle you were a passenger in isn’t listed, contact an adviser by calling or using the chatbox on this page to see if you could claim.

Could I Sue A Family Member Or Friend?

Suppose you are an injured passenger in a vehicle driven by a family member or a friend. You could seek compensation by making a personal injury claim against their insurance policy if they are responsible for a car accident that caused you an injury. When you seek compensation, the insurance provider pays the award. 

No Win No Fee Vehicle Passenger Injury Claims

A No Win No Fee agreement allows you to seek compensation with a solicitor without worrying about finding the money to pay for legal representation. A No Win No Fee agreement allows you to work with a solicitor if you want to on the basis of them being paid only if they secure you compensation. This is because you only pay No Win No Fee solicitor fees if you win your injured passenger claim. The amount, which is legally capped, is taken out of your awarded personal injury compensation. In short, there would be no upfront fee to pay a No Win No Fee solicitor. There would be no ongoing fees during the case either.

If you lost your personal injury claim, you would not have to pay a No Win No Fee solicitor their fees because of the Conditional Fee Agreement they signed with you.

Contact Us

To discuss your case with a member of our team, please call us today on 0800 408 7825.

Alternatively, you can contact a member of our team using our online chat line.

Quick References

For information if you crushed a toe in a car accident, please follow the link below:

Claiming compensation for a crushed toe in a car accident

If you were left with facial scarring after a car accident, the link below takes you to a guide that provides essential reading:

Claiming compensation for facial scarring

For more information on how a solicitor can assist you in claiming against a third party as an injured passenger, please click on the link below:

How a car accident lawyer can be of assistance

If you would like to know more about The Highway Code and road safety, please click on the link below:

Road safety

Guide by OA

Edited by LC/II