By Stephen Hudson. Last Updated 18th September 2025. A car accident passenger claim must generally be started within 3 years of the road incident. Where appropriate, you should seek medical help, report the incident to the police if necessary, and contact a solicitor to help you get started with the road traffic accident claim process. You will also want to gather supportive evidence, such as witness contact details and your medical records. As a passenger, you can claim against the driver of the vehicle you were in or the occupant of another car that was at fault for the accident and your injuries.
This guide is based on car accident claims. However, we also cover many other areas. 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. Often, the passenger has little control over the accident. A passenger car accident claim may be due to the fact that you have suffered mental or physical injuries or 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.
4.8 (466 reviews) 
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 possible risk of causing harm when navigating the roads. As part of the duty of care that they owe others, road users are expected to follow the mandatory rules, which are clearly 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:
- A duty of care was owed to you 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 either on the phone or online for free today.
4.8 (466 reviews) Who Is Responsible For Injuries To A Passenger In A Car Accident?
As a passenger, you have no control or influence over the vehicle you are travelling in. The fault in a car accident passenger claim, therefore, falls on a third party. We have provided a few possible scenarios of car accidents where a passenger is injured to explain against whom your claim could be made.
Examples where a passenger in a car accident claim could be made include:
- The party responsible for the road: Depending on the type of road, different parties can be responsible for its upkeep. If a local authority has not repaired a large pothole on a road they are responsible for, the driver of the vehicle could lose control when they hit the pothole and crash off the road. Your claim would, therefore, be made against the local authority for not maintaining the road adequately.
- The vehicle driver: if the driver of the vehicle you are travelling in was deemed at fault for the accident, you could claim against them.
- Other road users: the driver of another vehicle, who was under the influence of alcohol, ran through a red light at speed. The driver collided with the vehicle you were travelling in, resulting in multiple fractures to your arm, ribs and shoulder.
To inquire further about making a passenger accident claim, speak to our advisors using the contact details provided below.
Can I Make A Car Accident Claim Against An Uninsured Driver?
If your car accident passenger claim is successful, you will receive compensation from the driver’s insurance. However, it is possible that the driver who injured you does not have any insurance. You need not worry about losing out on your compensation since you can claim through the Motor Insurers’ Bureau (MIB).
The MIB is an organisation that helps the following categories of people:
- Victims of uninsured drivers.
- Residents of the UK injured by foreign-registered vehicles within the UK or Europe.
- Victims of unidentified drivers.
Under Section 170 of the Road Traffic Act 1988, a driver is mandated to stop and provide details if they injure somebody with their car. If they fail to stop, it would be considered a hit-and-run offence. Therefore, even if the driver escapes, you must report the accident to the police. This will help you to track down the driver, and the police report would also be useful evidence in your claim.
You may be feeling hesitant to pursue a claim against an unknown person. However, you must try to recover some of the costs incurred in treatment and other aspects like care. You may not have the driver’s personal or vehicle details, but you should try your best to recollect whatever is possible. Speak to our advisors now to know more about claiming through the MIB.
Can I Make A Passenger Injury Claim On Other Modes Of Transport?
Yes, apart from making a car accident passenger claim, other kinds of claims are possible for different modes of transport. While this particular guide is focused on how to claim as a passenger in a car accident, some other examples include:
- Taxi accident claims: It is possible that if you are a passenger in a taxi, the driver may speed to reach your destination and crash into a pillar. This collision could result in whiplash injuries, leading to a potential passenger in a car crash claim.
- Bus or coach accidents: If a bus or coach driver engages in conversation with a colleague and fails to focus on the road ahead, there may be a collision with another vehicle. This could result in passengers falling forward and injuring their heads, knees, or neck.
- Motorcycle and pillion accidents: A motorcyclist is in a rush and abruptly switches lanes without any indication. They collide with another motorcyclist, and this causes the pillion rider to sustain soft tissue injuries.
Speak to our advisors now for more information on passenger injury claims.
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.
4.8 (466 reviews) 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 caused them.
- 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.
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 Fracture – breaking 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
- 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 and nausea.
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
For very severe brain damage, you could receive compensation between £344,150 and £493,000, according to the Judicial College Guidelines (JCG). We will discuss the JCG in more detail subsequently.
Therefore, if you have been injured in a car accident as a passenger, you could make a claim for your injuries. Following a successful claim, the compensation settlement awarded to you could include general and special damages.
General damages are provided to 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 in a different manner that is in line with the Whiplash Reform Programme (we explain what this is shortly).
Alternatively, if your injury is valued at more than £5,000, your compensation may be awarded in line with the JCG. This text publishes suggested compensation brackets for many kinds of injuries. The following table contains some of these brackets.
How much passenger injury 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. The top row isn’t from the JCG, and the last two are from the whiplash tariff.
| Injury Sustained | Severity of the Injury | Guideline Compensation Figure |
|---|---|---|
| Multiple Very Severe Injuries Plus Special Damages (e.g. Medical Bills) | Very Severe | Up to £1,000,000+ |
| Injuries Involving Paralysis | Tetraplegia (Quadriplegia) | £396,140 to £493,000 |
| Brain Damage | Very Severe | £344,150 to £493,000 |
| Back Injury | Severe (i) | £111,150 to £196,450 |
| Neck Injury | Severe (i) | In the Region of £181,020 |
| Neck Injury | Moderate (i) | £30,500 to £46,970 |
| Arm Injury | Severe Injuries | £117,360 to £159,770 |
| Severe Leg Injury | Severe (iii) Serious | £47,840 to £66,920 |
| Whiplash Injury | One or More Whiplash Injuries and One or More Minor Psychological Injuries Lasting 18-24 Months | £4,345 |
| Whiplash Injury | One or More Whiplash Injuries Lasting 18-24 Months | £4,215 |
4.8 (466 reviews) Special damages may be added to compensate you for any financial losses due to your injury, such as:
- Medical expenses.
- Loss of earnings.
- Travel costs.
- Care costs.
You will need to deliver evidence that confirms these financial losses. Evidence you could provide when claiming special damages 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
Road traffic accident claims, including car accident passenger claims, have recently changed with the introduction of the Whiplash Reform Programme. For example, if you:
- Are aged 18 or over
- Were the driver or passenger of a vehicle
- Were injured in a road traffic accident in England or Wales
- Suffered injuries valued at £5,000 or less
If you suffered from whiplash or a minor injury, your compensation will be valued in line with a fixed tariff in The Whiplash Injury Regulations 2021. However, any injuries not covered by this tariff will be valued by the traditional method described above.
The last two entries of the table above are examples of how much you may be compensated for a whiplash injury and were taken from the Whiplash Injury Regulations 2021.
If you wish to start your car accident passenger claim today, please contact one of our helpful advisors.
Make A No Win No Fee Passenger Accident Claim Today
If you speak to our team of advisors about your potential car accident claim, they can review your case. After they establish that your case is strong, they could put you in touch with one of our No Win No Fee solicitors.
Our No Win No Fee solicitors can support a car accident passenger claim under a Conditional Fee Agreement (CFA). A CFA provides several advantages, such as no requirement to cover fees for the service your solicitor provides either before or during the claims process. You also usually won’t need to pay any fees to your solicitor for their work if the claim proves unsuccessful.
If your claim is successful, then the solicitor will take just a small, legally capped percentage from the compensation. This is called a success fee, while the legal cap for it makes sure that you get to keep most of the compensation.
Why Should I Work With A Solicitor From Legal Expert?
A solicitor from Legal Expert can help reduce the stress of making a car accident passenger claim. You do not have to work with a solicitor in order to make a claim. However, our solicitors have decades of combined experience in dealing with road traffic accident claims. Their No Win No Fee services include:
- Handling correspondence with the defending party
- Negotiating your compensation to include the relevant general and special damages
- Defining legal terms and outlining processes that you are uncertain of
- Seeking the opinions of experts with the relevant training, such as a medical expert who can perform an independent medical assessment
Our solicitors have already secured over £80 million in compensation for our previous clients. We take a client-focused approach to law, ensuring that you receive regular updates on your case so that you never feel out of the loop.
We understand that deciding whether or not to start a claim can take time. This is why we offer free initial consultations and case assessments to give you a better idea of what to expect from a claim. Our advisors can answer questions such as’ How much money can a passenger in a car accident get?’ and ‘What can I expect from a claim?’
To reach our team of advisors, you can:
- Phone us on 0800 073 8804
- Fill out the online form on our website.
- Use the website’s 24/7 live chat service.
4.8 (466 reviews) 