Last Updated On The 12th Of February 2026. If you were injured as a passenger in a road traffic accident, you may be entitled to claim compensation, even if you were not driving and had no control over how the accident occurred. Passengers are rarely held responsible for road accidents, which means you do not usually need to prove liability in the same way as a driver would. In most cases, a passenger injury claim can be made against the insurance policy of the at fault driver. This may be the driver of the vehicle you were travelling in or another road user involved in the collision. Because passengers are generally considered blameless, claims are often more straightforward, provided the accident was caused by someone else’s negligence.
During such a challenging time, you shouldn’t have to worry about lost earnings, medical expenses or the cost of therapy in the aftermath of a passenger accident. Instead, with the help of a solicitor from our panel, you could remain focused on your recovery while we handle all the legal complexities on your behalf. With decades of experience, our specialist panel of car accident passenger claim solicitors could help you recover compensation for your physical injuries, psychological harm and even financial losses. At Public Interest Lawyers, we understand that compensation can’t undo the harm you’ve experienced, but it can be used to help fund ongoing medical costs, prosthetic limbs, counselling or therapy costs and reimburse you for the time taken out of work to manage your symptoms and recover.
Contact Us
For a free case consultation with one of our advisors, you can reach us by:
- Calling us on 0800 073 8803
- Contacting us online
- Speaking to an advisor using our live chat
Frequently Asked Questions
- Can I Make A Passenger Accident Claim?
- How Much Passenger Injury Compensation Can I Get?
- How Is A Passenger Injury Claim Made?
- What Accidents Could Result In A Passenger Being Injured?
- The Common Passenger Injuries Caused By Accidents
- How Our Advisors Can Help Your Passenger Accident Claim
- More Information
Can I Make A Passenger Accident Claim?
Yes, you can make a passenger accident claim if the following conditions are met:
- Another party had a duty of care towards you as a fellow road user.
- They breached this duty of care.
- You suffered injuries as a passenger.
Everyone using the roads has a responsibility to ensure that they travel in a way that avoids causing injury to each other (and to themselves). That responsibility is the duty of care touched on above, which also requires individuals to comply with the Highway Code and the Road Traffic Act 1988.
If you’d like further clarity on what a duty of care is and the various ways in which someone might breach it, please continue reading this article. Our guide will examine several scenarios in which a passenger might be injured in an accident, potentially giving rise to a valid compensation claim.
I Was Injured But Wasn’t Wearing A Seatbelt. Can I Still Claim?
Even if you were injured while not wearing a seatbelt, you may still be able to claim. However, under the concept of contributory negligence, your compensation may be adjusted according to the proportion of fault you are found to have for your injuries. For example, if it is concluded that you are 20% responsible for your injuries, your compensation will be reduced by that percentage.
Can A Claim Be Made If An Uninsured Driver Injured Me?
A claim can be made if an uninsured driver injured you, but the process may work a little differently. Normally, in successful passenger injury claims, you would receive compensation from the driver’s insurance provider.
However, for accidents involving uninsured drivers, claims may need to be made via the Motor Insurers’ Bureau (MIB). This not-for-profit organisation aims to help those who have been involved in accidents caused by:
- Uninsured drivers.
- Unidentifiable drivers.
- Drivers of foreign-registered vehicles in the UK or Europe (the victims need to be residents of the UK).
Can I Claim For A Fatal Passenger Injury?
You can claim for a fatal passenger injury, but 2 pieces of legislation may influence the process. Under the Law Reform (Miscellaneous Provisions) Act 1934, only the estate of the deceased may file a claim in the first 6 months of an individual’s passing. This act also allows the estate to claim on behalf of qualifying relatives.
If the estate doesn’t take action on behalf of those relatives in that 6-month window, then eligible dependants can claim under the Fatal Accidents Act 1976. This claim would be for how their loved one’s passing has impacted them. Under the act, the following can be included in the category of dependants:
- Current or former civil partner.
- Present or former spouse.
- Parents or ascendants.
- Children or descendants.
Get in touch with our advisors now for further guidance on fatal injury claims or to see if you have grounds to pursue compensation.
How Much Passenger Injury Compensation Can I Get?
If your claim is successful, how much passenger injury compensation you could get will reflect the unique circumstances of your case. Compensation in road traffic accident claims can consist of general and special damages. While the former pertains to your pain and suffering, special damages can be awarded in situations where injuries have resulted in financial loss.
Solicitors sometimes refer to the Judicial College Guidelines (JCG) to assess general damages. The JCG is useful in this respect since it pairs suggested compensation brackets with a list of injuries categorised by type and severity.
The table below contains some of the JCG’s brackets. Since they are only suggestive, they do not represent a guarantee of compensation for your passenger injury claim. Moreover, the top row is not based on the JCG, and the last two come from the whiplash tariff, which we will discuss in the next section.
| Injury | Compensation Guidelines |
|---|---|
| Multiple Very Severe Injuries and Special Damages (e.g. Medical Expenses) | Up to £1,000,000+ |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Paralysis - Paraplegia | £267,340 to £346,890 |
| Severe (ii) Neck Injury | £80,240 to £159,770 |
| Very Severe Facial Scarring | £36,340 to £118,790 |
| Severe (iii) Back Injury | £47,320 to £85,100 |
| Severe Finger Fractures | Up to £44,840 |
| Multiple Facial Fractures | £18,180 to £29,220 |
| Severe Toe Injuries | £16,770 to £25,710 |
| Serious Shoulder Injury | £15,580 to £23,430 |
| Whiplash with Psychological Impact from 18 and 24 months | £4,345 |
| Whiplash from 18 and 24 months | £4,215 |
Case Study: £820,000 Payout In A Passenger Injury Claim
Dave was a front-seat passenger travelling with his wife. Whilst they approached a traffic light, another driver suddenly crashed into the rear of Dave’s wife’s vehicle. After gathering nearby CCTV footage, and dashcam recordings from both vehicles, it was concluded that the third party driver was looking at their phone on the approach to the traffic lights.
As a result of the rear end collision, Dave suffered irreversible damage to his spinal cord, leading to paralysis of his lower limbs. With the help of a specialist solicitor, Dave’s claim was settled for £820,000 in total. He was awarded £320,000 for his paraplegic injury, as well as a further £500,000 for the impact on his future employment, medical costs, accessibility adjustments on his home, lost earnings, round-the-clock care and psychiatric help.
Due to the complexity of his injuries, and the need for extensive medical assessments, his case concluded within 2 years. Despite the duration of his claim, his solicitor was able to recover interim payments for his immediate expenses he was faced with before the claim settled.
Please be aware that this case study is illustrative only, and all claims are valued on their own merits.
How The Whiplash Reforms Can Impact Compensation
Following the introduction of the Whiplash Reforms Programme, the procedure for making certain road traffic accident claims in England and Wales has been modified. As part of these reforms, the Whiplash Injuries Regulations 2021 require claims to be made through an online portal if they meet the following criteria:
- The claimant is 18 years or above.
- Was the driver or passenger of a vehicle.
- Sustained injuries which are valued at £5,000 or less.
If you make a claim via this portal, your injuries will be valued in accordance with the tariff outlined in the Whiplash Injuries Regulations 2021.
What Special Damages Could Be Awarded To Passengers?
Any kind of special damages could be awarded to passengers, so long as the financial losses being claimed for were the result of their injuries. These out-of-pocket expenses can include:
- Loss of earnings: This can not only be for time off work, but also a loss of future income, pension contributions, and missed promotions.
- Care: You may require professional care to assist with daily tasks like cooking or cleaning. That support with navigating day-to-day life can also come from loved ones.
- Medical Care: This includes prescriptions, private treatments, and travel to appointments.
- Rehabilitation: If your injuries have led to a disability, you may require specialist equipment, like a wheelchair or crutches. Your rehabilitation may also necessitate physiotherapy and/or occupational therapy.
- Adaptations: In cases where an injury has impacted mobility or resulted in a disability, there may be a need to make accessibility improvements. These can range from swivel car seats to walk-in baths and stairlifts.
- Mental Health Services: If you suffered psychological damage due to your accident, you may have needed to pay out-of-pocket for counselling or therapy. That cost can be factored in by your special damages.
Can Passengers Apply For Interim Payments?
Yes, passengers can apply for interim payments. This is an advanced payment from your compensation, which would be paid out before your claim has concluded. A passenger may apply for this if:
- The defendant has admitted liability for the injuries.
- There is a likelihood that the claim will be won.
- There is a clearly demonstrated reason for why an interim payment is needed. That might include urgent payments for rent or emergency adaptations to improve accessibility in the home.
If you’re connected with our solicitors, they’ll be able to help you make your application. Please reach out for further guidance on interim payments or to discuss how compensation might be calculated.
How Is A Passenger Injury Claim Made?
A passenger injury claim is made by ensuring it is started within the specified time limit. According to the Limitation Act 1980, you have 3 years to commence road traffic accident claims. However, exceptions may apply in certain cases:
- Minors cannot initiate a claim by themselves until they turn 18. Therefore, the time limit will begin only after their 18th birthday.
- Individuals who have limited mental capacity can also not start a claim on their own. Here, time limits are suspended for as long as they are mentally incapacitated. If capacity is restored, then the standard 3 years will be counted from the date of recovery.
In either case, eligible adults can help claim on behalf of someone belonging to one of the above categories. They would do so by taking on the role of a litigation friend and making various case-related decisions for the person they’re representing.
Consult our advisors now for help in determining the time limit for your claim and how someone might become a litigation friend.
What Accidents Could Result In A Passenger Being Injured?
Many accidents can result in a passenger being injured. Below, we’ve included several scenarios showing how such accidents might occur and potentially give rise to a passenger injury claim.
Car Accidents
- A driver under the influence of alcohol travels on the wrong side of the road. This leads to a head-on collision with a car you’re a passenger in, which causes you to sustain multiple injuries, including head trauma.
- A car goes over the speed limit to make a green light, resulting in them hitting the rear of the vehicle you’re travelling in as a passenger. That leaves you with extensive fractures and long-term mobility issues.
Taxi Accidents
- You are in a taxi whose driver rushes to reach your destination without paying due attention to their surroundings. This results in the taxi striking a pillar, leaving you with whiplash.
- Your taxi driver is distracted trying to adjust their radio and fails to brake in time at a red light. The ensuing rear-end collision causes you to suffer a serious neck injury.
Bus Or Coach Accidents
- A coach driver talks with a colleague whilst driving and repeatedly takes their eyes off the road. They fail to maintain a proper distance from the vehicle ahead of them and hit it at a red light. This sudden collision causes passengers at the back to fall and sustain soft tissue injuries.
- After falling behind schedule, a bus driver tries to hurry to their next stop and fails to pay attention to their surroundings. They enter a roundabout without attempting to yield to traffic already travelling around it, causing a collision that leaves several passengers with fractures.
Motorcycle And Pillion Accidents
- An impatient motorcyclist attempts to switch lanes suddenly without warning. This abrupt action results in a collision with another motorbike, whose passenger suffers severe injuries to their arms and legs.
- A speeding motorcycle rider is unable to brake and collides with a truck ahead. This causes the rider’s passenger to be thrown off, leaving them with catastrophic injuries.
These examples represent only a small snapshot of the many types of accidents that can lead to a potentially valid passenger injury claim. Contact our advisors now for guidance tailored to your specific circumstances.
The Common Passenger Injuries Caused By Accidents
Some of the most common passenger injuries caused by accidents include:
- Serious head injuries or brain damage: There may be minor head injuries or traumatic injuries leading to brain damage. If there is brain damage, it may cause a disability, such as paralysis.
- Back injuries: Depending on the impact, a passenger may suffer from a soft tissue injury or a broken nerve. Injuries affecting the spine may also lead to paralysis.
- Broken bones and fractures: Due to the impact of the accident, there could be a simple broken bone which heals in a few weeks or more complex fractures.
- Loss of limbs: In cases of serious injuries, there may be a need to amputate an arm or leg. This can cause drastic lifestyle changes due to prosthetics and physical aids.
- Neck and whiplash injuries: The sudden movement may cause soft tissue injuries or broken bones in the neck.
No matter what type of injury you suffered, major or minor, call now to discuss your potential passenger accident claim in confidence.
How Our Advisors Can Help Your Passenger Accident Claim
The advisors at Public Interest Lawyers can help your passenger accident claim from the moment you get in touch. They will first assess your case in a free and completely confidential consultation. If they find the claim to be eligible, you may be connected with a solicitor on our panel, who will provide a range of services, including the following:
- Collecting evidence: They will help determine what evidence your case might need and assist with obtaining it. As part of their evidence building, they can also arrange an independent medical examination on your behalf.
- Simplification: They will explain all the complex terms you might encounter during your claims to help ensure you never feel unsure about the process
- Transparency: Your solicitor will be in regular contact with you to provide you with timely updates on how your claim is progressing.
- Communication: Your road traffic accident solicitor will communicate with the defendant’s representatives and negotiate a settlement that fairly reflects your injuries.
- Rehabilitation: Your solicitor can put you in touch with any specialist you might need, whether that’s an occupational therapist or a psychologist.
If you have an eligible passenger injury claim, a No Win No Fee solicitor from our panel will offer their services through a Conditional Fee Agreement (CFA). This agreement means:
- There will be no upfront solicitor fee for starting your claim.
- You won’t be asked to pay any solicitor fees as the case progresses.
- If your case is lost, you won’t face paying any solicitor fees at all.
You will only have to pay your solicitor a success fee for their work if you win your case. This is a limited proportion of your compensation, the percentage of which is capped at 25%.
Contact Public Interest Lawyers
Speak to the team of advisors here at Public Interest Lawyers now to see if you could be put in touch with a No Win No Fee solicitor from our solicitors:
- Use our contact form.
- Chat through the pop-up window below.
- Call us at 0800 073 8803.
Frequently Asked Questions About Passenger Injury Claims
Below, we address some of the most common questions about passenger injury claims.
Who Can Be Held Liable for a Passenger Accident Claim?
In passenger injury claims, liability will generally fall to the party responsible for the road traffic accident. This could be a third-party driver, another motorist or the driver of the vehicle you were in. Additionally, depending on the circumstances, liability can be shared.
Can I Make a Passenger Accident Claim If the Driver Was at Fault?
Yes, you can make a passenger injury claim even if the driver of the vehicle that you were in was at fault. Compensation is paid from their insurer, not from the driver themselves.
Can I Claim as a Passenger if the Accident Was My Friend or Family Member’s Fault?
Yes, you could still make a passenger accident claim even if it was the fault of a friend or family member.
Do Passenger Accident Claims Affect the Driver’s Insurance?
Passenger accident claims do typically impact the driver’s insurance as this would cause a loss of a no-claims bonus and usually leading to higher premiums.
Can I Make a Passenger Accident Claim Without Going to Court?
Many passenger injury claims can be settled before the need for litigation. However, if a settlement can’t be reached or liability is disputed, then your claim may need to be litigated.
Can Children Make Passenger Accident Claims?
Children themselves can’t make their own claim as a minor is unable to claim independently. However, a trusted adult could make a claim on their behalf through acting as their litigation friend. Get in touch with us for more information on this today.
Will I Need a Medical Assessment for My Passenger Injury Claim?
An independent medical assessment isn’t a requirement for all car accident passenger claims, but if you’ve suffered severe or complex injuries, an assessment can be an essential piece of evidence as it produces an official medical report outlining the extent of your injuries. This can then be used to help value your settlement.
If you have any more questions, please don’t hesitate to get in touch with our advisory team today.
More Information
Here are some other guides which may be relevant:
- Our guide on claiming for nerve damage after a car accident.
- Information for claiming compensation after a car crash on a motorway.
- Details on fatal car accident compensation.
We have compiled this guide through some external resources as well, such as:
- Information from the police on road collisions and incidents.
- Guidelines from the government on motorcycle helmets.
- NHS resource on neck injuries.
Thank you for reading our guide on how to make a passenger injury claim.