Making A Passenger Injury Compensation Claim

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Making a claim for injury compensation after a road traffic accident is one of the most common types of claim. Whilst vehicle insurers tend to handle the majority of claims made by drivers, how to claim compensation as a passenger is not as well understood. So, if you were a passenger in a car, bus, van, lorry or any other vehicle involved in a road traffic accident, where can you go to get help making a claim for injury compensation?

Well! Look no further, Direct2Compensation is perfectly placed to help you make a claim for passenger road accident compensation. We have the know-how and expert specialist solicitors that can help you maximise your claim and a simple claims process that enables you to focus on your recovery whilst we work hard handling your claim.

Passengers injured in a road traffic accident sometimes fail to make a claim for injury compensation, often because they don’t know how to or don’t want to upset the person who was driving the vehicle that they were in. However, as well as relatively minor whiplash and soft tissue injuries, the injuries suffered by passengers in a road traffic accident can be serious and life changing. For example, multiple fractures, damage to the pelvis and in the most serious cases, catastrophic spinal trauma leading to paralysis and sadly sometimes death.

If you were a passenger that has been injured in a road traffic accident, whether in a car, a van, a bus, coach, lorry or any other vehicle, it is likely that you will have been knocked about quite heavily and left feeling sore, immobile and in discomfort. At Direct2Compensation, we have found that passengers injured in a road traffic accident are often either elderly or young children – people who by nature tend to suffer more when injured.

When can you claim as a passenger?

When someone is injured whilst travelling as a passenger in any vehicle, in a collision or other incident, they have a right to pursue a claim for compensation. As with all claims, a passenger compensation claim can only be made if negligence (responsibility) for the accident can be attributed to someone or an organisation. It is not possible to claim if the injured party is responsible for their own injuries. However, unlike driver compensation claims, a passenger can make a claim for compensation even if the vehicle in which they were travelling was at fault.

Common scenarios leading to passenger road traffic accident compensation include:

  • Being sat in a stationary vehicle that is hit from behind by another vehicle
  • The driver of their vehicle colliding with another vehicle
  • The driver of their vehicle colliding with a solid object – such as a road sign, bus stop, kerbstone or tree.
  • The driver of their vehicle losing control and leaving the highway

Any driver that fails to drive safely and ensure passenger safety, or hasn’t complied with relevant vehicle maintenance and has an accident as a result, will be liable should any claim arise from a passenger who has suffered an injury. Any person injured in this way whilst a passenger in a road traffic accident is entitled to make a claim for personal injury compensation.

Driver responsibility

Passenger safety is the legally responsible of the vehicle driver. Should any vehicle driver cause an accident due to negligence or a lack of care and attention, they and their vehicle insurers will be held liable should any claim for injury compensation be pursued by any passengers that were injured. Alternatively, if the vehicle in which a passenger was injured was the non-fault vehicle in an accident, the 3rd party (other) driver/insurers will be the liable party in any claim.

Claims will succeed if the injured passenger can demonstrate that either a vehicle driver or organisation has been negligent, and is therefore responsible for causing the accident.

The information you need to pursue a claim

As with all road traffic accident compensation claims, anyone wishing to make a claim for compensation must be able to provide the required information and details to enable the relevant parties to be pursued and respond to the claim. Therefore, a passenger injured in a road traffic accident should record the following information:

  • Details of drivers involved (including 3rd party drivers) – names, addresses etc
  • Vehicle registration details for all vehicles involved
  • Accident date and time
  • Accident location (street name/road number etc)
  • Details of any witnesses
  • Details of any police involvement – reference number, officer numbers etc.

In most cases, a vehicle driver will ensure that they have properly recorded the details listed above and you should be able to obtain a copy of the same from them.

Why claim compensation?

Passengers injured in road traffic accidents don’t always pursue their legal right to make a claim for compensation. This may be because they don’t know how to go about making a claim or they feel awkward about making a claim against a family member or friend’s insurance. However, there are many compelling reasons for pursuing a claim for passenger compensation, and at Direct2Compensation we know how to pursue this successfully and ensure that your rights are protected.

As all passenger road accident compensation claims are made on a no win no fee basis, you will never be charged if your claim does not succeed. A successful claim will lead to a compensation settlement being made to you, with the value of the claim including any lost income and incurred costs as well as a settlement value for the injuries you have suffered and medical treatment that has been required.

As well as claiming a financial compensation settlement if you’re a passenger who has been injured in road traffic accident, claiming compensation with Direct2Compensation and our expert injury compensation solicitors can also help you in other ways.

  • Making a claim is a legal right, and if successful will fairly compensate the injured party for injuries that were not their fault.
  • If successful, a claim can release funds from the liable party to pay for private medical treatment and rehabilitation therapies to speed the recovery process of the injured party.
  • A successful claim settlement will make up for lost income now and in the future if the injuries that are being claimed for have prevented the injured party from working, either temporarily or permanently.

Specialist rehabilitation therapies

If your specialist Direct2Compensation solicitor is able to obtain an admission of liability for your claim (from the insurers that provide the vehicle insurance for the liability party), your claim will succeed. It is at this point that your solicitor can look to obtain specialist rehabilitation therapy if it is deemed relevant to your injuries.

In the case of passenger road accident compensation claims, it is likely to involve soft tissue injuries such as whiplash or a back injury. However, it may also include more serious injuries such as a fracture. In all cases, intensive post accident rehabilitation has been proven to help people recover more quickly and return to normality sooner. Post accident rehabilitation usually includes physiotherapy, osteopathic/chiropractic and massage therapies. These will be provided at the expense of the third party dealing with your claim and the cost will form part of the value of the total settlement. Further information on this will be available from your solicitor once your claim has been active for a sufficient amount of time.

How we can help with your claim

If you’ve been injured in a road traffic accident, is important to make sure that the details of your accident have been recorded properly and with the right people. The driver of the vehicle you were in should have advised their insurers that you were in the vehicle and if the police attend the scene, they will take your name too. All passengers injured in road traffic accidents should also seek medical attention at the earliest opportunity.

If you haven’t completed these steps already, we can help you to do so and advise you as to what you need to do.

Direct2Compensation are vastly experienced with the handling of road traffic accident compensation claims and have expert solicitors available to assist you during your claim. We know your rights and can help you to understand whether the specifics of your accident is something you are likely to be able to successfully claim compensation for.

Direct2Compensation work with some of the best personal injury compensation solicitors in the UK. With our easy to understand claims process and ability to handle your claim quickly, simply and transparently, there are many reasons that make us the right choice when it comes to starting your compensation claim for passenger road accident injury compensation.

To find out more about your compensation rights or to start your claim today, call us on 01225 430285 or if you prefer, we can call you back.

26 questions have been answered below, why not ask your own?

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Questions & Answers

  1. Ria

    Hello I was wondering can you claim if there was no collision? My taxi breaked very aggressively after accelerating at an amber light (as to avoid a red light)and almost hit a cyclist who was already in the junction. The cyclist had a green light and if the driver was going at the legal speed of 20MPH, he should have had enough time to react and break gently. The driver was driving atleast 30MPH, if not more, in a 20MPH Borough. I sustained head injury and my cervical spine was swollen. I have tinnitus, vomiting and very bad ongoing headache and body pain. I have pre-existing condition of Complex PTSD and this has been made worse as the only was I ever got anywhere was by taxi, I’ve not left the house once since the accident. I also have degenerative disk disease but this was a different vertebrae level than what was observed to be swollen following the accident. Police have told me there is nothing that can be done as there was no collision and because I did not take the details of the cyclists and as such there is no witness.

    • Ian Morris

      It is possible to claim for injuries in such a scenario and this is a matter our Solicitors can consider and advise you on.

  2. jerry

    A few years back, I had an accident when I was a passenger in a car. The driver of car made a claim. I had a neck injury and was in hospital. Since that day I have not heard anything from my friend or his Solicitor. I have tried calling him but he just hangs up on me.

    What can I do? I know he got compensation but I haven’t. Is that right?

    • Ian Morris

      Whether or not you can do anything will depend on how long it has been since the accident. UK personal injury law requires that any claimant pursue their claim within 3 years of the date of the accident. Therefore, if more than 3 years has passed, you won’t be able to make a claim or take any action.

      If less than 3 years has passed, do you have the vehicle registration details? Did the police attend the scene? If so, we may be able to help you make a claim.

  3. Victoria

    Hi, I was in a car accident I was a passenger and wasn’t our fault. I’ve seen a independent doctor who states that I have Neck, Shoulder, Lower back, Anxiety Sleep problems. Does this go as multiple injuries or will they put neck back shoulder as 1 claim whiplash?
    Doctor also says I should recover in 6 months and I’m (moderate) serverity.
    Many thanks

    • Ian Morris

      The way to view this is that you are making 1 claim for personal injury compensation, whether you have 3 separate injuries or 1 injury, the way a claim is valued is essentially the same. The injuries you have will be noted separately with their severity perhaps being listed in varying degrees. Your claim will be valued on the extent of those injuries, the impact that those injuries have on you – both in terms of pain and discomfort, but also their impact on your day-to-day activities and for how long you will suffer the symptoms. The medical expert that has assessed you will provide a report with their findings and prognosis for expected recovery. Based on that report, your Solicitor will be able to pursue the appropriate settlement value for you.

  4. Hazel

    I diagnosed wit fibromyalgia few years ago was a passenger in my son car was hit by another car they admitted full responsibility my son was paid for car and his injuries…but my pain has got worse and I also suffer from P T S D and I have not got sorted yet …and I feel my solicitors are not behind me or understand…what can I do

    • Ian Morris

      It is important that you inform your Solicitors that you feel that they have not properly understood your situation and that you are not confident that they are handling the claim properly. This will afford the Solicitor the opportunity to review the matter and hopefully give you peace of mind that they are acting correctly.

      If you remain unhappy with your Solicitor, you should make a formal complaint to them and allow them one final opportunity to remedy the situation. If they are unable to do so, you could then look in to the possibility of switching your claim to a new Solicitor. However, this really should be a last resort, for a number of reasons including a possible further delay in any claim and also, the reality being that many Solicitors are reluctant to take on existing claims from another firm due to cost issues.

  5. Eunice

    I’ve been in a RTA as a passenger we were in waiting traffic when hit at speed from behind the woman driver has been charged with not taking care and attention I have seen a neurosurgeon in Preston where an M I R shown I have a bruised spinal cord in the c4 c5 I am very much in pain all my left side what I need to know is I’m retired I can’t do my housework.

    • Ian Morris

      If you have not already made a claim for personal injury compensation, please start your claim or call us on 01225430285.

      We have specialist expert Solicitors who can pursue your claim on a No Win No Fee basis and seek compensation for the injuries you have sustained and also recover any out of pocket expenses, which could also include the cost or a paid for cleaner or other assistance you may need.

      To make a claim after a road traffic accident, all you’ll need to have are the details of the vehicles involved – which the driver of the car you were in should be able to provide you.

  6. Sarah

    I was a passenger in a taxi which crashed into another vehicle which didn’t stop at the scene of the accident. Can I still claim compensation?

    • Ian Morris

      If the accident in which you were involved was reported to the Police, you have sought medical attention and have the details of the taxi (vehicle registration and driver details etc), you can pursue a claim via the Motor Insurers Bureau (MIB) ‘untraced’ driver scheme. We can assist with this on a No Win No Fee basis in which our specialist Solicitors would represent you with expertise to ensure that your claim was handled properly and that your rights and best interests were upheld. You can also make a claim directly to the MIB without legal representation if you prefer.

  7. Scott

    I was a passenger in my mates work van when we were involved in a hit & run and suffered whiplash, we got the numberplate of other driver but my mate said I cannot claim as I was not meant to be in the work van.

    • Ian Morris

      Of course you can claim – whether or not you were supposed to be in that van is not your problem and as the vehicle in which you were travelling does not appear to have been at fault, there would be no issue.

      To pursue a claim, we’ll need the registration details of both vehicles involved. Please use this link to make further contact with us so that we can help you in this matter.

  8. Tracy

    Involved in a rta 23.2.17. I was a passenger in a rental vehicle. The other car hit us and he was uninsured. I went through the mib as was advised. They are now stating after 2 years that the driver of the car I was a passenger in is partly to blame so I should go through his Insurance. Can you advise? The driver of the car that hit us was speeding and hit the car I was in, we were at roundabout at the time. Any advice would be appreciated.

    • Ian Morris

      In their consideration of the circumstances of the accident and your injuries, the MIB have clearly decided that the liability for the collision does not rest with the uninsured party alone. To find out why they have reached this conclusion, you’ll need to ask them for written details of the same.

      As such, the MIB are correct in stating that you will need to pursue any claim against the insurance of the driver of the vehicle in which you were travelling.

  9. Mohammed

    I was a passenger of a vehicle that was involved in a crash, we was hit on the back door on the driver side by the police, I have been waiting 10 months for this claim to be sorted, all I get from my solicitor is that there has been no reply, I had to urge them to push it forward so they said they sent them court proceedings in which the third party again failed to respond, now I am being told that my solicitor had written to the court requesting a judgement in my favour, but I feel that my solicitors already know the outcome from the start and have just been wasting my time delaying this process so they can make more money, my representative is a trainee solicitor which has got me really confused… please help what can I say or do here to resolve this claim ASAP THANKYOU!!!

    • Ian Morris

      Why do you feel that your Solicitors are not acting in your best interests? Remember, if you are instructing a Solicitor to act for you on a No Win No Fee agreement basis, they will not receive any funds until they succeed with your claim and their fees will not be increased simply because of the time that a claim takes to settle.

      If you do feel that your Solicitor has acted poorly, the very first thing you must do is formally complain to them in order that they can investigate your complaint and respond to you. If they are unable to satisfy your complaint, you should then escalate the matter to the Legal Ombudsman Service.

      • Mohammed

        Thanks for the quick reply, it was the fact that the last 10 months all they would say to me is the third party has not replied, and when I said is there not a protocol for situations like this, I would just simply get ignored, and up until I complained over 7 times to my solicitor then they said they were going to go ahead with court proceedings…

        Now the third party failed to even acknowledge the court proceedings, I am now being told they will have to contact the court for my compensation…

        How long do you think this will take now?
        And what is this procedure?

        As my solicitor always ignores my questions and when I ring they always seem to be busy

  10. Michelle

    I am a passenger in a Ford F-250 accident. MRI shows a protusion in my neck
    The steering linkage broke while driving, the Collision Center told my attorney the linkage broke when we hit the 1st car. THAT IS WRONG! I saw it all happen, the truck drove into on-coming traffic due to the linkage breaking. How do I prove this? 2010 F-250 rebuilt new engine.

    • Ian Morris

      The question you ask is the key question that any person wishing to pursue a claim for compensation needs to ask themselves – ‘How do I prove my case?’. For any claim to succeed, there must be supporting evidence available to corroborate a claim and prove that a defendant is liable. In your case, you would need an engineers report that demonstrated that the steering linkage was broken BEFORE the collision with the oncoming traffic. However, obtaining such a report is likely to be extremely difficult – if at all possible – and extremely expensive.

  11. Elizabeth Holdgate

    I was a passenger in a cab. I have been in hospital with fractured neck spine plus cervical c5c6 disc has exploded and I have been traumatised. Had surgery. Three months on, I’m waiting to hear about my claim progress from my solicitor. The cab man excepted liability. Sent all my documents of the accident & updating my recovery. My question, is What happens now.? What is my injury likely to be worth?

    • Ian Morris

      It is not possible to provide an honest estimate of the value of your claim at this stage as the long term prognosis will not be known and we do not have the contents of a medical experts report to review and consider – which is how the value of the injury element of a claim is equated and worked out. However, your claim is clearly of a high value given the lengthy hospitalisation and surgery you have undergone. This article might give you an idea of what amount you could expect for spinal injuries.

  12. Manuel

    Hi i was a passenger in my friends car (they were the driver) who crashed into another car. The driver (my friend) had failed the breathalyser test which meant he was over the limit due to alcohol. I wasn’t aware he was drink driving. This accident happened a year ago. After the accident I suffered neck pain, shoulder pain and back pain but I did not attend hospital at that time. Although I was sore, my initial thoughts wee that the injuries were minor and that the pain would soon reduce.

    A few months after the accident, the stiff neck pain was still ongoing so I decided to seek some massage therapy to relax the muscles from my shoulder, neck and lower back which cost me quite a lot.

    On the day of the accident the police attended the scene took my name, and arrested my friend who was the driver due to drink driving. The driver has accepted liability for the other party (the other car crashed into)I have rang the police they have given me crime reference number but they said my name isn’t on the accident scene and they did reassured me the officer who took my name down on his book can still be chased and that can prove I was there. The point is my name isn’t on their database so what if they can’t find the officer who attended the scene because the police have said this incident was booked in by another officer. I do not know the name of the police officer that day of the accident. Also I did not go to hospital straight away at that time but after 9 months I had been to doctor they are aware of the accident and referred me to physiotherapy. My head was all over the place as I felt depressed from the accident and lost my job. Could you advice me if I have a claim?

    • Ian Morris

      Clearly, pursuing this claim could be difficult as there may be problems proving two issues – firstly, your presence in the accident (due to the police log not being definitive in this area) and causation in that you didn’t seek medical attention for some 9 months for your injuries. This will allow any proposed defendant to argue that your injuries may have been sustained in another accident as you cannot prove otherwise.

      • manuel

        I understand that i did not go to the hospital straight away because after the accident i was suffering from nightmares, anxiety and depression which i wasn’t aware off til i had medical help also my friend died in car accident. since the car accident i had lost few jobs due to depression this is when i realised i needed medical help. After 3 months of the car accident, I had been to doctor they have diagnosed me with anxiety and depression and currently taking antidepressants. I spoken to the police officer via telephone they have said they can trace the police officer attended the scene therefore this could prove i was there on the day of accident. The police officer wrote my name on their handbook and they do not throw handbook away (was told by the police). The police said sometimes they do not put passengers name on the scene but this can be traced if necessary. I have pictures of the accident. surely the other party (car crashed into) can say there was a passenger which can also prove i was there. Surely after the medical check they can see the damages caused on my neck muscles, shoulder and lower back. Do i have a right to claim compensation? you said the injuries can be difficult to prove but that time i was battling depression and anxiety and did not have the strength to put a claim. i remember 4 weeks after the car accident i signed with a law firm but then cancelled within cooling of period due to my mental health depression and anxiety.

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