Within this guide, we will discuss when you could be eligible to make a car passenger accident claim. We will set out the duty of care you are owed as a passenger, and who you may be able to make your claim against if you have a valid case.
Additionally, we will explain the time limits that must be adhered to when making a car accident claim. We will also provide examples of the types of evidence that could be used to support your case.
This guide will also share how compensation is calculated and the different heads of claim that you could be awarded if your case is successful. Furthermore, we will discuss how one of our solicitors could help assist you with your passenger injury claim on a No Win No Fee basis.
To discuss your specific case or to ask any questions regarding the passenger claims process, you can contact a member of our advisory team. They can be reached by:
- Calling 0800 073 8802
- Using our live chat service.
- Contacting us online for a callback.
Choose A Section
- When Are You Able To Make A Car Passenger Accident Claim?
- Accidents That Could Lead To A Car Passenger Accident Claim
- What Compensation Could You Get From Making A Road Accident Claim?
- Evidence That Could Help Support Car Passenger Accident Claims
- Use Our No Win No Fee Road Traffic Accident Solicitors To Claim Today
- Learn More About How To Claim Compensation For A Car Accident
When Are You Able To Make A Car Passenger Accident Claim?
Every road user has a duty of care to other road users. Per their duty, they must use the roads safely and navigate them in a way that avoids causing harm or injury to themselves or others using the road. To uphold this duty, they must adhere to the Road Traffic Act 1988 and the Highway Code.
If you have been injured as a passenger in a road traffic accident, you may be able to make a personal injury claim if you can prove:
- You were owed a duty of care by a road user.
- This duty was breached.
- The injuries you suffered were a result of this breach.
Please note that if you meet the eligibility criteria to make a car passenger accident claim, who you direct your claim against to seek compensation would depend on who failed to uphold their duty of care. For example, this may have been the driver of the vehicle you were in or another road user.
To check whether you may have a valid personal injury claim, or to ask any questions regarding the passenger accident claims process, you can contact our advisors.
Is There A Time Limit To Making A Road Traffic Collision Claim?
The standard time limit to begin a road traffic accident claim, as with all personal injury claims, is three years from the date of the accident occurring. This is outlined within The Limitation Act 1980. There are certain exceptions to this rule, though.
For example, those injured under the age of 18 will not be able to start their own car passenger accident claim until their 18th birthday. They will then have three years to begin the claiming process from this date. However, while the time limit is suspended, a litigation friend could act on behalf of the claimant and start a claim for them.
Other exceptions apply to those lacking the mental capacity to begin their own claim. To learn what these exceptions are, or to see whether you still have enough time to begin your personal injury claim, you can contact our advisors.
Accidents That Could Lead To A Car Passenger Accident Claim
There are various ways that you could be injured in a road traffic accident as a passenger. Some examples include:
- The driver of the taxi you are in is distracted by his phone. Due to this, he fails to notice that the car in front of him has come to a stop at a red light and crashes into the back of them, causing you to suffer a taxi injury such as whiplash.
- The driver of another vehicle speeds through a red light at a junction, causing them to collide into the side of the car you were a passenger in. As a result of this car crash, you suffer multiple injuries, such as a severe head injury and a broken arm injury.
- A lorry driver fails to check whether the lane you are driving on is clear before merging. This causes them to crash into you, and you suffer a severe neck injury along with a traumatic leg amputation as a passenger of this vehicle.
If you have been injured as a passenger and would like to check the validity of your potential claim, you can contact one of our advisors today for free advice.
What Compensation Could You Get From Making A Road Accident Claim?
If your car passenger accident claim is a success, you will be awarded general damages as part of your compensation settlement. This head of claim is awarded to compensate for the injuries you suffered and the pain they caused you. This can include both psychological and physical injuries.
Those valuing this head of your claim could refer to the Judicial College Guidelines (JCG) for guidance. This document provides a list of guideline compensation brackets for different injuries varying in severity. We have used some of these figures to create the following table.
It should be noted that this table should only be used as a guide. Additionally, the first entry listed within this table does not feature within the JCG. Furthermore, the last two entries are taken from the tariff outlined in the Whiplash Injury Regulations 2021 which is used to value whiplash injuries. The tariff amounts are fixed.
Compensation Guidelines
| Injury | Severity | Compensation Guidelines | Notes |
|---|---|---|---|
| Multiple Severe Injuries and Special Damages | Severe | Up to £1,000,000+ | Compensation for the pain and suffering of multiple severe physical and/or psychological injuries and special damages such as travel expenses, care costs, and lost earnings. |
| Brain and Head Injury | Very Severe | £282,010 to £403,990 | Cases involving the person requiring full time nursing care due to showing little (if any) response to their environment that is meaningful, having poor language function and double incontinence. |
| Back Injuries | Severe (i) | £91,090 to £160,980 | Injuries involving damage to the spinal cord and nerve roots resulting in severe pain and disability. |
| Neck Injuries | Severe (i) | In the region of £148,330 | Cases in this bracket include a neck injury associated with incomplete paraplegia or causing permanent spastic quadriparesis. |
| Leg Injuries | Amputations (iv) | £97,980 to £132,990 | A below the knee amputation to one leg. |
| Shoulder Injuries | Severe | £19,200 to £48,030 | Injuries often associated with neck injuries, involving damage to the brachial plexus. |
| Injuries to the Pelvis and Hips | Moderate (i) | £26,590 to £39,170 | Significant injury to the pelvis or hip, but permanent disability is not major. |
| Whiplash | One or more whiplash injuries with one or more minor psychological injuries | £4,345 | Symptoms lasting more than 18 months but not more than 24 months |
| Whiplash | One or multiple whiplash injuries | £4,215 | Symptoms lasting more than 18 months but not more than 24 months. |
Special Damages For A Car Accident Passenger Claim
Special damages is the other head of loss that you may be awarded if you make a successful car passenger accident claim. This is awarded to compensate you for the costs and financial losses you have incurred due to your injuries. For example, you may have had to pay for prescriptions due to your injuries. Other examples of financial losses you could claim for under this head of loss include:
- A loss of earnings if you needed to take time off work to recover.
- Travel expenses, such as taxis to doctor’s appointments.
- Care costs if you required at-home care to cope with your injuries.
When claiming for special damages, you will need to provide evidence of these financial losses with documents such as receipts, payslips and invoices.
For a free valuation of how much car accident compensation you could potentially receive for your injuries, you can contact one of our advisors.
How To Claim For Minor Injuries And Whiplash
The Whiplash Reform Programme brought in changes that affected how certain road traffic accident claims are made in Wales and England. If you are aged 18+, were injured as a passenger or driver of a vehicle, and your injuries were valued at £5,000 or less, you will now need to make your claim through a different avenue.
Furthermore, the whiplash injuries you suffered in this accident and are claiming for will be valued in line with the tariff set out within the Whiplash Injury Regulation 2021, as mentioned above. Any other injuries you have suffered and are claiming for that are not covered under this tariff will be valued in the traditional manner. Also, if you have any additional injuries that take the total value of your claim over £5,000, you will claim via the traditional route but with your whiplash injuries still being valued in accordance with the fixed tariff.
For more information on making a car accident claim for whiplash as a passenger, you can contact a member of our advisory team.
Evidence That Could Help Support Car Passenger Accident Claims
When making a personal injury claim as a passenger following a car accident, you will need to provide sufficient evidence that supports your case. Types of evidence that you could use to support your car passenger accident claim include:
- Video footage of the accident. This could be from CCTV or a dashcam and could help with proving how the accident occurred and who was liable.
- Photographs of the visible injuries you have suffered and the accident scene.
- The contact details of anyone who witnessed your accident taking place, as they could provide a statement later on.
- Medical evidence regarding the injuries you suffered, such as your medical records. This could also highlight the treatment you needed to receive for your passenger injuries.
A solicitor could help you with gathering more specific evidence that is relevant to your case. To see if you could be eligible to work with one our our experienced solicitors, you can contact one of our advisors.
Use Our No Win No Fee Road Traffic Accident Solicitors To Claim Today
Providing you have a valid personal injury claim, one of our No Win No Fee solicitors could help you with your case. They have lots of experience helping those injured in a car accident claim compensation. Additionally, they may offer to support your car passenger accident claim under a Conditional Fee Agreement.
With this particular type of No Win No Fee agreement in place, you generally won’t be expected to pay the solicitor working on your case anything upfront to obtain their services. Furthermore, you will not be charged anything for their ongoing work while your claim is progressing. Should your claim end unsuccessfully, you will not be required to pay for the services they provided on your case.
However, should your car accident compensation claim be a success, they will be due a success fee. This will be taken from the compensation awarded to you as a percentage that is subjected to a legal limit.
Contact Us Today
If you’d like to receive free advice for your car passenger accident claim, you can contact one of our friendly advisors. They may also connect you with one of our personal injury solicitors if it seems like you have a strong case.
To connect with an advisor today, you can:
- Call 0800 073 8802
- Use our live chat service.
- Contact us online for a callback.
Learn More About How To Claim Compensation For A Car Accident
Additional guides by us regarding road traffic accident claims:
- Advice on claiming compensation as a cyclist hit by a car and when you may have a valid case.
- A guide that provides advice on finding solicitors for car accident claims and the benefits of working with one.
- Information on claiming as a pedestrian hit by a car and how much compensation you could potentially receive.
Further information and resources can be found here:
- Information on Statutory Sick Pay (SSP) from GOV.UK.
- Helpful advice for road users from Think!
- Guidance on first aid from the NHS.
If you have any further questions regarding when you could be eligible to make a car passenger accident claim, you can contact one of our advisors.
