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How Much Compensation For Car Passenger Accident Claims?

By Stephen Hudson. Last Updated 27th September 2023. Welcome to our guide on passenger car accident claims. Injuries suffered while riding in a car as a passenger can be very serious. If you are injured as a passenger in a car accident then you could be eligible to claim compensation.

This guide is based on road traffic accident claims. However, we cover many other areas also. In almost all scenarios the passenger is a blameless victim and can either make a claim from the driver’s insurance or a third party depending on who is at fault for their injury. To make a passenger car accident claim call us today at Legal Expert.

Passenger Car Accident Claims

Passenger Car Accident Claims Guide

Passenger car accident claims for injuries can be straightforward as in most cases a third party is usually at fault for the accident. Often, the passenger has little control over the accident. A passenger car accident claim may be due to the fact you have suffered mental or physical injuries or even both.

If you would like to receive advice straight away please do not hesitate to call our team on 0800 073 8804 or fill out the online form on our website. Alternatively, speak to us using the live chat window in the bottom right corner.

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Can I Make A Car Accident Passenger Claim?

The Road Traffic Act 1988 establishes that road users owe a duty of care to others, including passengers, to reduce the risk of causing harm when navigating the roads. As part of their duty of care, road users are expected to follow the mandatory rules outlined in the Highway Code.

If you have been injured as a passenger in a car accident caused by another party, then you may be able to claim car accident compensation if:

  • You were owed a duty of care by whichever party caused the car accident
  • This same party breached their duty of care
  • You experienced physical or psychological harm because of this breach

To learn more about when you could claim for a car accident as a passenger and your rights following such an incident, please read on or contact our advisors for free today.

Who Is Responsible For Injuries To A Passenger In A Car Accident?

Given the lack of influence or control a passenger likely has in any given situation, the fault usually falls on a third party. In many cases, the following parties might be responsible:

  • The driver of the vehicle causing the accident – The person driving the vehicle may have been acting recklessly or not paying due care and attention. This could be either the driver of the vehicle the passenger is riding in or the driver of another vehicle.
  • The road – The conditions of the road can have an impact on road traffic accidents, whether it is a pothole or faulty street lighting.
  • The vehicle manufacturer – If the vehicle had manufactural faults.
  • Cyclists or pedestrian at fault – If a cyclist or pedestrian acts with negligence, they could be responsible for causing passenger injuries.

The above list is by no means exhaustive. For a victim to claim passenger injury compensation it must be proven that a third party was at fault for the accident therefore liable for any suffering caused.

How Long Do I Have To Make A Passenger Car Accident Claim?

If you’ve been injured in an accident as a passenger, a car accident claim should generally be started within 3 years of the incident as per the Limitation Act 1980. However, there can be exceptions to this time limit.

Some injuries – such as whiplash, for example – may only present symptoms at a date later than the incident in question. In these cases, it may be possible to use the date you become aware of your injuries as the start of your 3-year time limit. This is known as the date of knowledge.

The time limit is suspended if the injured party is under 18. It only begins once they become an adult. Then, the 3-year limit begins. Before this date, as a child cannot make their own claim, a litigation friend must be appointed to do so on their behalf. They can do so with no time restraints until the injured child’s 18th birthday.

The rules are similar for claimants with a lower or reduced mental capacity. The need for a litigation friend remains the same – at least until the claimant is deemed capable of making a claim without assistance. The time limit only starts once their mental state reaches a point of recovery where they can make a claim themselves.

For more information on how to claim car accident compensation and the time limits involved, get in touch with our advisors today.

Evidence To Support A Claim As An Injured Passenger In A Car Accident

When making a passenger injury claim, evidence should be gathered that can highlight your injuries and prove that another road user acted negligently. If you can’t provide supporting evidence for your car accident claim, you may be ineligible for compensation.

Therefore, as a passenger in a car accident, you should gather evidence. For example:

  • An opinion from an independent medical expert, who can determine the extent of your injuries and if they were caused by negligence. Your road traffic accident solicitor can help arrange this as part of the claims process.
  • Ask your hospital or GP for a copy of your medical records, or you can permit your solicitor to obtain them for you. Any letters from a hospital or surgery may also be used to highlight your injuries and determine what they were caused by.
  • If the road traffic accident happened in a place with CCTV, or if a road user had dash cam footage of the accident, you could ask for this footage.
  • Photograph any visible injuries i.e. a broken bone or cut. 

If you were a passenger in a car that crashed, speak to our advisors for free advice on what steps to take next. You could also be connected with a No Win No Fee solicitor if you seek legal support ahead of making a claim.

What Types Of Injuries Do Passengers Sustain In Car Accidents?

Cars move with such speed and velocity that accidents on the road can inflict almost any injury. As such, the range of compensation claims we have seen has included everything from broken fingers to amputations. Below we have described some common passenger car accident injuries. You might have a claim if you have suffered any of the following:

  • Hip Fracturebreaking the pelvis or hip can lead to a loss of mobility and can seriously affect your ability to work.
  • Spinal Injuries – among the most serious injuries, those affecting the spine can take the longest to heal. Spinal cord injuries can be life-changing.
  • Neck Injuries – whiplash is typical of a neck injury.
  • Face Injuries – bruising, scarring, and broken bones in your face can lead not only to pain but to a loss of professional reputation.
  • Whiplash – for whiplash diagnosis please see the NHS website.
  • Burns – whether caused by chemicals or fires, burns can affect the entire body and can be among the most painful injuries with the longest recovery times.
  • Head injuries – head injuries such as concussions are not uncommon in car accidents and can lead to dizziness, nausea, and discombobulation for extended periods of time.

It would be impossible to mention all injuries therefore for any further advice please call our team. We are available 24 hours a day and 7 days per week to discuss any passenger car accident claims. You can ask as many questions as you like in the free consultation we offer.

Compensation Payouts In A Car Accident Passenger Claim

If you have been injured in a car accident as a passenger, you could make a claim for your injuries. Following a successful claim, your compensation settlement could include general and special damages.

General damages compensate you for the pain and suffering that your injury has caused you. If your injury is valued at less than £5,000, you will need to make your claim through the government’s online portal in line with the Whiplash Reform Programme.

Alternatively, if your injury is valued at more than £5,000, we have created the following table to help you understand how much compensation you could receive in general damages. These figures have been taken from the 16th edition of the Judicial College Guidelines (JCG). Many legal experts will use the JCG to help them value claims as it lists compensation brackets for different injuries.

How much compensation you could receive will be affected by the various factors of your claim and could differ from the amounts listed below. Therefore, you should only use this table as a guide.

Injury Sustained Severity of the Injury Compensation
Tetraplegia (Quadriplegia) The higher end of this bracket is applicable where physical pain is present and there has been a serious impact on the senses and communications skills. £324,600 to £403,990
Brain Damage Very Severe (a) – The person may be able to follow basic commands. However, there will be little response to their environment that is meaningful and will need constant care. £282,010 to £403,990
Back Injury Severe (a)(i) – The nerve roots and spinal cord have been damaged, which lead to serious consequences. £91,090 to £160,980
Neck Injury Severe (a)(i) – Often associated with paraplegia that is incomplete or permanent spastic quadriparesis. In the region of £148,330
Neck Injury Moderate (b)(i) – Dislocations or fractures that cause immediate symptoms. The injury may also require spinal fusion. £24,990 to £38,490
Leg Injury Severe (b)(i) – Injuries could include a gross shortening of the leg, extensive degloving of the leg or fractures that haven’t united. £96,250 to £135,920
Arm Injury Severe (a) – An injury that falls short of requiring amputation, such as a serious brachial plexus injury. £96,160 to £130,930
Shoulder Injury Severe (a) – The brachial plexus has been damaged which causes serious arm and neck symptoms. £19,200 to £48,030
Shoulder Injury Moderate (c) – Limited movement and discomfort due to a frozen shoulder. Symptoms should persist for around 2 years. £7,890 to £12,770
Jaw Fractures (e)(i) – Multiple jaw fractures that are serious and require prolonged treatment. However the person will suffer with severe pain and will have a restriction when eating. £30,490 to £45,540

Special damages compensate you for the financial losses you have suffered due to your injury, such as:

You will need to provide evidence of these financial losses to be able to claim special damages. Evidence could include payslips, bank statements, or receipts.

Contact our advisors today if you have any questions about claiming compensation as a passenger in a car accident. Our advisors could also offer you free legal advice regarding your specific claim.

Whiplash Reform Programme

For road traffic accidents that occurred prior to 21st May 2021 worth up to £5,000, you can now make a claim through the Whiplash Reform Programme, which is an online claim portal. This streamlines the process, but you will still need to present evidence of your injuries and carry out other actions to prove your claim and who was at fault for the accident that caused your injuries.

Despite the name of the programme, it’s not only whiplash claims that they process. All road traffic claims up to the value of £5,000 can be addressed this way. It’s worth getting in touch with us to see if your claim could be worth more than £5,000. It doesn’t matter if you were injured as a passenger, or as a driver. We could still help you be awarded the compensation that you deserve.

Make A No Win No Fee Passenger Accident Claim Today

This section is going to examine the benefits of working with a No Win No Fee solicitor for a car accident passenger claim. Above, we have gone through the eligibility criteria that must be satisfied to make a personal injury claim following a passenger in a car accident claim now we are going to look at the benefits of using a personal injury solicitor, which can include:

  • Help in gathering the necessary evidence to back up your claim.
  • Ensuring the claim is initiated within the correct time limits
  • Organising an independent medical examination.
  • Advising on when an offer seems appropriate for the damages caused
  • On the rare occasion your passenger in a car accident claim needs to go to court, representation from the solicitor in court.

If you decide to work with a No Win No Fee personal injury solicitor, there are even more advantages, such as:

  • No upfront fees are required
  • No fees during the duration of your case
  • Claims that fail require no payment for the service the solicitor has provided.

If your solicitor has offered their service through a Conditional Fee Agreement CFA, which is a type of No Win No Fee arrangement, then if the claim is successful, they can take a success fee. The Conditional Fee Agreement Order 2013 puts a legislative cap on the percentage a solicitor can take, always ensuring the claimant receives the majority.

Call For Free Advice Or To Start A Claim

If you would like to know more about passenger compensation or passenger car accident claims, and passenger payouts our advisors are here to help. When you are ready to file your claim, you can reach out to us to get your claim started.

To do this, either call 0800 073 8804 or fill out the online form on our website.

Thank you for reading our guide about making a car passenger accident claim.

Learn More About Car Accident Claims

We also have some other guides on car accident claims that you may find useful:

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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