When Could You Claim For A Taxi Passenger Accident?

Taxi Passenger Accident Claims Guide

Taxi Passenger Accident Claims Guide

Our guide will explain when you could claim for a taxi passenger accident. We will examine the criteria you must meet to make a claim and how taxi accidents could occur. Additionally, we explore what parties could be responsible for your injuries.

We also detail accidents in which one or more parties could have been at fault and elaborate on the potential payouts you could receive for a taxi passenger accident.

Moreover, we look at what The Whiplash Reform Programme means for you and how the claims process differs. 

If you want to contact us, our advisors can answer your questions anytime. You can reach us through the ways below: 

Please continue reading for more information on when you could claim for a taxi passenger accident. 

Select A Section

  1. What Is A Taxi Passenger Accident?
  2. Types Of Injuries Caused By Taxi Accidents
  3. Who Could Be Liable For Your Injuries?
  4. I Wasn’t Wearing A Seatbelt. Can I Still Claim?
  5. Payouts For Taxi Passenger Accident Claims
  6. How Do I Claim For A Taxi Passenger Accident?

What Is A Taxi Passenger Accident?

A taxi passenger accident is any type of road traffic accident involving a taxi’s passenger.  There are a number of ways an accident like this could happen.

Examples include: 

  • Distracted: A driver uses their phone and crashes into the taxi where you are a passenger. 
  • Damaged Road: A pothole in the road causes an accident, or an icy road hasn’t been gritted
  • Taxi driver at fault: The taxi driver is not paying attention to the road, pulls out of a junction without looking and crashes into another vehicle. 

The Road Traffic Act 1988 and The Highway Code provide rules on how road users should operate the road safely.

Road users have a duty of care to navigate roads safely to prevent harm to one another. If a road user breaches this duty of care and you are injured, you could claim.

When trying to claim, you should show that:

  • You were owed a duty of care
  • The duty of care was breached
  • Your injuries resulted from this

If you can establish these, you may have grounds to claim for the negligence of the party responsible. 

Types Of Injuries Caused By Taxi Accidents 

Many potential injuries could happen to a passenger in a taxi accident. Examples of these include: 

Who Could Be Liable For Your Injuries? 

In a taxi passenger accident, more than one party could be responsible for your injuries. It may not be the fault of the taxi driver. Other parties could be liable, and you could claim against them.

A Taxi Driver

Firstly, the taxi driver who controls the vehicle in which you are a passenger could be at fault. Other road users could have been involved in the accident, but the taxi driver was the cause of it, and you may be eligible to make a claim against the driver or their employer.

Another Road User

A taxi accident could be the fault of a third-party vehicle driver. In this case, claims would be made against the third-party driver.

Suppose your injuries result from an accident caused by an uninsured driver. In that case, the Motor Insurers’ Bureau will act as the insurer, so you may still claim the passenger compensation you may be entitled to.  

A Public Body

A public body may be liable for your taxi passenger injuries, perhaps if a defect in the road has not been repaired or an icy road has not been gritted. You may be eligible to claim for your injuries from your taxi passenger accident if you can show that the public body was negligent in maintaining the safety of the roads. 

I Wasn’t Wearing A Seatbelt. Can I Still Claim? 

If you are injured as a passenger in a taxi accident but were not wearing your seatbelt, you could still be eligible to make a personal injury claim. However, if it can be argued that your injuries would not have been as severe as if you wore your seatbelt, the fault party may argue that you contributed to them. This is known as contributory negligence.

Contributory negligence can mean that your compensation is reduced to consider how much not wearing the seat belt contributed to the severity of your injury or injuries.

For more information on contributory negligence, call our advisors for free legal advice.

Payouts For Taxi Passenger Accident Claims 

When claiming a payout, general damages may be one form of compensation you could claim for. These cover the pain and suffering endured as a consequence of your injury.

When valuing injuries, personal injury lawyers may use The Judicial College Guidelines to assist them in this process. These provide compensation brackets shown in the table below. Despite this, your payout may vary in comparison as the figures are not definite. 

Alternatively, you could use a personal injury calculator, which gives a rough overview of the damages you may receive. Despite some calculators considering a loss of earnings, some do not take other factors into account, and figures may not be an accurate representation of your payout.

Injury Severity Notes Value
Head Moderate (c) (i) There is moderate to severe deficit intellectually and sight, speech, and employment prospects are affected. £150,110 to £219,070
Neck Severe (a) (i) This involves incomplete paraplegia and there is little/no neck movement. In the region of £148,330
Neck Moderate (b) (ii) This include wrenching-type injuries, disc lesions and soft tissue injuries. £13,740 to £24,990
Back Severe (a) (ii) This is associated with nerve root damage and a loss of sensation. £74,160 to £88,430
Back Moderate (b) (ii) Ligaments may be disturbed or discs could be prolapsed. £12,510 to £27,760
Arm Serious (b) One or both forearms are permanently and substantially disabled. £39,170 to £59,860
Arm Less Severe (c) There has been a substantial degree of recovery despite significant disabilities. £19,200 to £39,170
Leg Moderate (b) (iv) This includes multiple or complicated fractures or crushing injuries. £27,760 to £39,200
Whiplash 2(1)(a) – 2(1)(b) More than 18 months but 24 months is the maximum. £4,215 to £4,345
Whiplash 2(1)(a) – 2(1)(b) More than 15 months but 18 months is the maximum. £3,005 to £3,100

In addition to general damages, you may also be eligible to claim special damages. These cover the financial losses you have suffered due to your injuries. These can be: 

  • Loss of earnings
  • Travel costs
  • Ongoing care or home adaptation costs

When claiming monetary losses, evidence will be significant in doing such. Forms of these can include: 

  • Payslips
  • Public transport tickets
  • Bank statements to show the payments

Legal professionals can help you acquire these forms of evidence for your claim. Please get in touch with our team to learn more.

What Is The Whiplash Reform Programme?

The Whiplash Reform Programme was introduced by The Whiplash Injury Regulations 2021, which controls the handling of whiplash claims. If you are a driver or passenger over the age of eighteen and you suffer whiplash injuries that are valued at £5,000 or less, then you are now required to make a claim through the government’s Official Injury Claim Portal. 

If you have other injuries which combined are valued at more than this, you can claim in the standard way. 

How Do I Claim For A Taxi Passenger Accident? 

When hiring a solicitor for a taxi passenger accident, you may choose to do so on a No Win No Fee basis. A common type of this is a Conditional Fee Agreement. This typically means that you will not be required to pay for your solicitor’s services if your claim is unsuccessful. 

If your claim happens to be successful, your solicitor will most likely take a success fee. This is a deduction of your compensation, but The Conditional Fee Agreements Order 2013 legally caps this amount.

Our panel of experienced solicitors may choose to offer you this type of agreement for your claim. Please don’t hesitate to contact us for free legal advice and answers to any of your queries concerning a taxi passenger accident.

Please look below to see our methods of contact: 

Check Our Other Road Traffic Accident Claim Guides

We hope you found our guide on when you could claim for a taxi passenger accident informative. If you found our guide helpful and would like more information, please feel free to explore more of our useful guides below: 

If you require further information, please click the external links below: