Passenger Accident Claims

If you were hurt in a road traffic accident when you were a passenger, you could be able to claim compensation.

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Making a passenger accident claim

Car drivers, cyclists and pedestrians are all able to make claims for compensation after suffering an injury in an accident that wasn’t their fault.

But it’s not just those road users who get hurt in accidents. As a passenger, you are powerless to stop a road traffic accident happening. That’s why you can make a claim for compensation when you’re hurt in one – whether you were in a friend’s car or on a bus.

Drivers owe a duty of care to their passengers – whether they are driving professionally for work or not. They have an obligation to drive carefully in order to keep their passengers and other road users safe.

As a passenger, you could make a claim against the driver of the car you were travelling in or another vehicle that caused your accident. This extends to other forms of transport too, including aeroplanes, boats, taxis and motorcycles.

The laws around road traffic accident claims have changed. You will now be expected to make a claim yourself using an online portal. But First4Lawyers is still here to help. We can still make the process more straightforward for you.

Who can I claim against?

As a passenger, you are not at fault for the accident you were involved in. This means that if you are hurt in an accident, you will be able to make a claim against the person who was responsible.

This could be a driver of a separate vehicle or it could be the person driving the car you were a passenger in – even if you know the person. You are able to make a claim against a friend or family member if their negligence caused you to suffer an injury.

We know you might feel very uncomfortable about this. But when making a road traffic accident claim, it’s important to remember that you won’t be claiming directly against the driver responsible. Your claim will be made to their insurer, which means there will be no immediate financial impact on the person.

It’s also important to note that if you’re hit by an uninsured driver, you could still be able to make a claim. The Motor Insurers’ Bureau is responsible for handling claims against uninsured drivers or those who did not stop at the scene of the accident. So it’s also possible to claim for an injury sustained in a hit and run accident.

Passenger accident injuries

There are a huge number of injuries you might suffer in a road accident, from the relatively minor to the life-changing and even life-threatening.

As a passenger, you might suffer multiple injuries, including:

  • Whiplash
  • Broken bones
  • Tendon and ligament damage
  • Neck injuries
  • Back injuries
  • Spinal injuries
  • Head and brain injuries

If you aren’t sure whether your injury means you can make a compensation claim, just get in touch and our friendly and understanding claims advisors will talk you through your situation.

How much compensation can I claim?

Your injury is unique to you and the accident you were involved in. This means that it’s difficult to say exactly what you might be entitled to without an initial conversation with our team.

Any compensation you are awarded will depend on the accident you were in, what injury you suffered, how it affects your life and what impact it is expected to have on you in the long term.

Personal injury compensation is typically split into two parts: general damages and special damages. General damages will cover the pain and suffering caused by the accident – both physically and mentally.

Special damages refer to compensation for any financial impact the injury has had on you. This includes a loss of earnings if you can’t work, medical treatment and any damage to your personal property sustained in the accident. Your solicitor will likely encourage you to keep a record of what you’ve spent as a direct result of the accident.

For a rough idea of what you might be entitled to, you can try our compensation calculator or just request a call back at the top of your screen to speak to us.

In cases of whiplash, you will receive a set amount, depending on how long you suffer with symptoms. This could be £240 for a three-month injury or £4,215 for a two-year injury.

How long do I have to make a claim?

Most people have three years from the date of their accident to make a passenger accident compensation claim. But there are some exceptions.

Children involved in road accidents will be able to claim at any point up to their 21st birthday. And if you’re claiming on behalf of someone who lacks the mental capacity to claim for themselves, there is no limit.

Although it sounds like you have plenty of time to start your claim, it’s always a good idea to begin as soon as possible.

The sooner you start your claim, the clearer the details of what happened will be in your mind. This will also be true for any witnesses to your accident, as well as any medical professionals who treated you after it happened.

You might also find it easier to access certain pieces of evidence if you start your claim as soon as you can. This includes CCTV footage, if there were cameras in the vicinity of your accident. You can request a copy of the camera’s recordings at the time of your accident – and the sooner you request it, the sooner you’ll receive it.

If you’re not sure whether you have a claim after being hurt as a passenger in an accident, First4Lawyers can help to clarify things. We can let you know if you have a claim and match you to an expert personal injury solicitor.

To speak to us today, just give us a call, request a call back at a more convenient time or start your claim online. We’re here to help.

Road Traffic Accident Compensation Calculator

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  • In these cases brain damage, if any, will be minimal.
  • Where a good recovery has been made but symptoms such as poor concentration and memory problems continue.
  • Where ability to work is reduced and there is a risk of epilepsy.
  • The injured person is very seriously disabled and is dependent on others.
  • Epilepsy has been caused as a consequence of the injury.
  • Affecting the ability to cope with life and/or work or affecting relationships with family and friends.
  • The injured person largely recovers within two years.
  • Injury causes effects that cause significant disability for the foreseeable future, or permanently.
  • In consequence of defective permanent waving etc. where effects are dermatitis or hair loss leading to distress and effects on social life.
  • Where hair has been pulled out leaving bald patches, or stress-induced alopecia with full recovery within two years.
  • Resulting in pain and temporary interference with vision.
  • Permanent impairment of vision in one or both eyes.
  • Total loss of sight in one eye and reduced vision or other problems with the other eye
  • Total loss of sight in one eye only.
  • Mild tinnitus with some hearing loss
  • With noise induced hearing loss, or moderate to severe tinnitus, or noise induced hearing loss alone.
  • With noise induced hearing loss
  • With or without associated problems such as tinnitus, dizziness or headaches.
  • With or without the speech being affected, or tinnitus.
  • Full recovery with no surgery required.
  • Where recovery is complete after surgery
  • Injuries requiring a number of operations and/or resulting in permanent damage.
  • Simple fracture of the cheekbone, which will fully recover without surgery.
  • Simple fracture of the cheekbone requiring some reconstructive surgery, but with full recovery and little or no cosmetic effects.
  • Serious fractures causing lasting effects such as burning/prickling sensation or an element of disfigurement.
  • Requiring immobilisation but recovery is complete.
  • Serious injury causing permanent damage, such as difficulty eating or opening the mouth.
  • Very serious multiple fractures requiring prolonged treatment. Permanent effects such as severe pain, restricted eating.
  • Assessed per tooth.
  • Single tooth only.
  • Extends over a number of years, including significant deterioration of overall condition of the teeth.
  • Where full recovery takes place between nine months and one year.
  • Fractures or dislocations which cause severe immediate symptoms and chronic conditions, leading to impaired function or limitation of activities.
  • Injuries usually involving serious fractures or disc damage leading to disability, such as substantial loss of movement or loss of function in one or more limbs.
  • Caused by asbestos
  • Varying levels of respiratory disability and reduced lung function (1-10% and in excess of 10%)
  • Severe pain and impairment of the pleura (lung lining) or the peritoneum (lining of the abdominal cavity), affecting function and quality of life.
  • Causing respiratory disability attributed to asbestos exposure.
  • Causing permanent damage, impairment of function, physical disability and reduction of life expectancy.
  • Such as soft tissue damage causing considerable pain but recovery almost complete within two years.
  • Such as frozen shoulder causing limitation of movement and discomfort for up to two years.
  • Causing pain in shoulder and neck, aching in elbow, weakness of arm and hand.
  • Involving damage to the brachial plexus and resulting in significant disability.
  • Temporary or permanent disability as a result of a fracture.
  • Such as strains, sprains, disc prolapses and soft tissue injuries.
  • Such as disturbances of ligaments and muscles causing backache, or compression fracture.
  • Injuries causing severe pain and disability, including impaired bladder, bowel and sexual function.
  • Resulting in significant or permanent disability
  • Most elbow injuries such as simple fractures, laceration and tennis elbow, not resulting in permanent damage or impairment.
  • Injuries causing impairment of function but not involving major surgery or significant disabilty
  • Injuries such as deep lacerations, soft tissue wounds or crush injuries, all recovering within six months.
  • Resulting in impairment of grip or reduced mechanical function. Partial amputations resulting in deformity.
  • Injuries such as a thumb being severed and re-attached, leaving it with little use, amputation of the tip or at the joint of the thumb. Nerve damage or fracture resulting in impaired grip or dexterity.
  • Amputation resulting in very little use and weak grip.
  • Amputation due to crush injuries, or loss of a significant part of the hand due to traumatic injury.
  • Serious injury resulting in extensive damage to both hands, effectively leaving them with little use.
  • Caused by repeated vibration, damage to hands including impaired grip, dexterity and frequent pain.
  • Such as an uncomplicated fracture with full or virtual recovery.
  • Injuries resulting in significant permanent disability, but some useful movement remains.
  • Injuries causing some permanent disability, such as persistent pain and stiffness.
  • Resulting in complete loss of function in the wrist, for example when an arthrodesis has been performed.
  • Such as a broken femur, tibia or fibular
  • Serious fracture or injuries to joints or ligaments, scarring, instability and lengthy treatment required.
  • Fractures where a full recovery is not made.
  • Loss of a leg below the knee
  • Loss of a leg above the knee
  • Both legs being lost above the knee, below the knee, or where one leg has been lost above the knee and the other below.
  • Torn cartilage or meniscus, laceration, twisting and bruising. May be full recovery, or continued aches and pains.
  • Injury or damage causing mild disability or continuing pain, discomfort or limited movement that may require future surgery.
  • Fractures, joint or ligament damage causing constant pain, impairing movement and agility. Requiring prolonged treatment, the injured person will be prone to osteoarthritis.
  • Including fractures where there is full recovery within two years.
  • Significant injury but any permanent disability is not major. Injury may require a hip replacement.
  • Such as extensive fractures resulting in substantial disabilities.
  • Simple metatarsal fractures, ruptured ligaments.
  • Displaced metatarsal fractures resulting in permanent deformity.
  • Fractures to feet resulting in restricted mobility and /or considerable continuing pain.
  • Crush or multiple fractures to two or more toes, resulting in permanent disability.
  • Undisplaced fractures, sprains and ligament injuries.
  • For fractures and ligament tears resulting in moderate disability, such as difficulty walking on uneven ground or on stairs.
  • Injuries involving long periods of treatment, long period in plaster and some permanent disability.

Simply fill in our form below and we’ll call you back at a time to suit you.

Or talk to our team on:
0808 271 6198

There are other types of compensation you could be awarded through your accident such as loss of earnings or damage to property. The estimates given here are simply for your personal injury claim.

First4Lawyers' solicitors will be able to give you the best idea of the amount you should expect from your individual injury.

It is important to keep in mind that every case is different and the advice and estimates you'll be given, once your case has started, will be tailored specifically for your case.

Road Traffic Accident FAQs

Can passengers claim compensation?

Yes, if you’re a passenger who has been involved in a collision on the road and suffered injuries through no fault of your own, then you’re entitled to make a claim for compensation.

I was hit by an uninsured driver. Can I claim?

Yes, you can make a claim if you were hit by an uninsured driver.

With the help of our panel of solicitors, you can claim through the Motor Insurance Bureau (MIB).

Backed by every motor insurer in the UK, the MIB is a scheme set up to help compensate victims of accidents caused by uninsured and untraced motorists.

How much can I claim for a road traffic accident?

It depends on the type and severity of any injuries sustained.

For those inflicted with minor brain or head injuries, they could receive between £1,940 and £11,200. At the other end of the scale, severe leg injuries could see compensation between £48,080 and £119,210, whereas loss of an arm may mean an award of between £84,310 to upwards of £120,270.

For further examples see our compensation calculator.

Is there a time limit for making a claim?

Generally speaking there is a limit of three years to start a claim, starting from the date of your accident. If you were under the age of 18 when you had your accident, you have until your 21st birthday.

How long will a claim take?

The length of time it will take to make your claim depends on your individual circumstances.

Every case is different, so it’s very difficult to say at the early stages how long the process will be from start to finish.

Once your solicitor has completed their initial investigations into your case, they will be in a better position to advise you on how long the process is likely to take.

To give you a very general idea:

  • For a personal injury claim like minor whiplash, for example, the process could be completed in about six months. But in more complex cases, such as claims involving a trip, slip or fall, it could take over a year to be settled. The process could also be longer if the defendant disputes your claim.

  • Claiming for a work accident could be between six and nine months. But if the injury is more severe, or there are legal complexities, it could take longer.

  • Medical negligence cases tend to take longer as they can be complex with multiple factors and evidence.  A rough estimate would be 18-26 months.

You can contact one of our advisors to discuss your situation.

Why choose First4Lawyers?

Whether you want to make an accident and injury claim, or need a solicitor for personal or business law matters - our friendly team are here to help, 24/7.

Free initial consultation

Our fully trained legal advisors are happy to offer initial guidance and advice for free

No Win No Fee*

No Win No Fee solicitors - you don't pay a penny up front when making a claim

No pressure

We offer advice with no obligation.  We never cold-call or apply pressure to our customers

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