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How To Claim As A Passenger In A Car Accident? How Much Compensation Can I Claim?

According to statistics released by the British Government, there were 182,560 injuries as the result of traffic accidents in 2016. Though this total had fallen from the previous year, the number of serious injuries had risen as a percentage amount. Of those road traffic accidents, a large number affected passengers. Injuries suffered while riding in a car as a passenger can be very serious. If you have suffered such an injury, you may be owed compensation.

In car accident claims passenger injuries can play an important role. Often, the passenger has little control over the accident. Should they suffer debilitating injuries as a result, then these injuries may have been suffered as the result of another party’s negligence. These life-changing injuries can cost huge amounts, be it emotionally, physically, or financially.

If you were a passenger who was in an accident, you have the right to file a passenger car accident claim and seek compensation for the injuries you have sustained. In this guide, you will find information helping you to get started in making such a claim.

Select a section:

A Guide to Passenger Accident Claims

Car Passenger

Car Passenger

Making a claim for compensation can be tough. If you were the passenger in an accident and became injured as a result, the myriad causes and consequences of the accident can lead to a huge amount of complicated legal wrangling. If you believe you might be owed compensation as a result of your accident, this guide can help you figure out how to get started on such a claim.

Who is Responsible for Injuries to a Passenger in a Car Accident?

One of the major issues discussed during any compensation claim is that of responsibility. Given the lack of influence or control a passenger likely has in any given situation, a claim can be a process of determining who was at fault for the accident or who acting negligently. 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 ignoring legal advice relating to driving. 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 in vehicular accidents, whether it is a pothole or faulty street lighting.
  • The Vehicle Manufacturer – if the manufacturer of the vehicle you were travelling in failed in their duty to protect occupants of the vehicle, they may be at fault.

There are many ways in which responsibility might be attributed and the above list is by no means exhaustive. For instance, the driver might be considered responsible if they were using their mobile phone while driving; if they had been consuming alcohol; if they had been deliberately contravening road safety advice; or if they failed to guarantee a passenger’s safety to a reasonable degree. All of these considerations might be relevant in your claim.

When filing a claim as the passenger, it can help to seek legal advice. A complicated scenario with overlapping responsibilities can be clarified with the aid of experience and expertise. Contact our team if you are unsure of the potential negligence concerning your accident.

Claiming as a Passenger Who Sustained an Injury in a Car Accident

With regards to compensation claims involving a passenger being injured in a car accident, there are a number of parties who might be required to pay the compensation amount. Depending on whether it is a driver, a local government body, or a vehicle manufacturer, the claims process might be different.

Given the complexity of the situation, we find many clients are left wondering, how to claim on insurance after car accident being a passenger. In cases where a car accident has led to an injury, there are a number of parties who will be involved. As mentioned above, they will include the owner of the road (the local council), the owner/operator of the vehicle (the person driving the vehicle), and the manufacturer of the vehicle. The early stages of making a claim will likely be concerned with finding out which party was responsible.

In many situations, a claim will be paid by an insurance operator. If for example, the driver is considered to be at fault, then their insurance could be the party who pays the final compensation total. In many cases, the passenger might be considered to have been something of an innocent bystander, unable to influence the course of events. As such, the passenger in accident insurance claim processes may have many reasons to claim compensation and, with the right support, can cover the costs of the injuries they have suffered.

Claiming as a Passenger Who Sustained an Injury in a Public Transport Accident

Not all accidents involve a car, however. In some situations, you might have been involved in an accident involving public transport. For example, an injury suffered when riding on a bus which has been involved in an accident could lead you to file a compensation claim. This can also include taxis, cabs, ferries, and many other forms of transportation which are open to the public.

In many ways, the process of filing such a claim will differ from cases with accidents involving cars and other private road vehicles. The body considered responsible for the compensation payout might be the operator of the transportation network as a whole, rather than the individual driver. As such, when filing a claim against a public vehicle, you should remember to get all the vehicles and drivers information, as well as the details of the organisation which employs them.

For example, if you were taking a taxi or a bus and you received an injury from an accident, you should gather as much information as you can. This could include number plate details, driver’s names, and the name of their employer.

What to Do If You Are Involved in a Car Accident as a Passenger?

For anyone involved in a car accident, the most pressing issue is to seek medical attention. If you have been injured, you should be sure that you have dealt with the injuries to the best of your ability before thinking about your next step. Once this is done, then you may be thinking of launching a claim for compensation. If you are considering a passenger car accident claim, for instance, what should you do next?

  • Discuss the matter with the authorities. If you have been involved in a road accident, then it is possible that the police were involved. If this is the case, then they might have details and reports which provide an overview of the events. This can be used as evidence and, if possible, you should try to obtain a copy.
  • Try to obtain as much evidence regarding the scene of the accident as possible. This might involve taking photographs of the area, as well as the vehicles involved and the damage inflicted upon them. In addition, photos of your injuries can help demonstrate their severity after they have begun to heal.
  • Try to document everything. This can include the date and time of the accident, details such as the weather, or your itinerary up to that point in the day, as well as anything you believe might be relevant to the case.
  • Gather together the contact details of anyone who might have been a witness to the accident. This can include fellow passengers, other road users, or even pedestrians. Anyone who might be able to corroborate your story. Taking their contact details can prove to be useful when mounting a claim.

Taking the above steps can help to make your passenger car accident claim that much more viable. Rather than having to depend on a passenger claims road accident fund, you can ensure that you have a body of evidence which can form the basis of your claim.

How to Begin a Passenger Injury Claim

Whether making a passenger claim against driver or drivers, a vehicle manufacturer, or any other body, the steps outlined in the previous section can be incredibly useful. However, actually beginning the claim itself can be more difficult. After obtaining all the information you can gather, the next and most important step should be to seek out a solicitor who can help you unravel the complex legal situation.

If you were to claim through our no win no fee service, for instance, we would be able to provide you with a free legal consultation. This is a free advice session in which we will look over the details of your case and chat to you about its potential success. This informed legal opinion can be incredibly useful in cutting through the irrelevant details and focusing the claim on successfully winning compensation.

Following this session, should you decide to proceed with our legal team, you will be able to rely on our expertise and knowledge throughout the process. This includes gathering further evidence, arranging for you to meet with a local doctor, and even setting up a ‘No Win No Fee’ agreement to preserve your financial security. Once this process is initiated, we’ll be able to handle the administrative details such as filing paperwork with the correct institutions.

Can I Claim Against Foreign Drivers?

Thus far in this guide, we have presumed that the parties involved would be British. With claims such as these already complicated, you might think that involving a foreign vehicle would be even more complex. This is not always the case. Thankfully, there is a system in place which can help those who have been injured in such crashes.

In 1953, an arrangement was set up among a number of European countries called the Green Card system. Today, it covers 44 countries who have become members. It’s designed to help with the facilitation of vehicles across national borders thanks to a single document, which demonstrates that the owner has insurance in their home country. This proof is known as an International Insurance Card or a Green Card. Thanks to this proof, victims of accidents can seek compensation from insurance companies from another country in a relatively straightforward manner. If, for instance, you were involved in an accident in England involving a non-British vehicle, the Green Card system will come into effect. In due course, the Motor Insurers Bureau will become involved and take up the case, acting as an agent on the behalf of the non-British insurance company.

Therefore, in cases involving a foreign vehicle, it is the Motor Insurers Bureau who will be likely to handle the case. Once they are involved, the claim can proceed in much the same way as a typical accident claim involving a passenger’s injury. If you would like more information, feel free to contact our team today and talk about the matter.

Can my Passenger Sue Me?

Up to this point, this guide has been designed to provide information for accident victims who were passengers in a vehicle. However, if you were a driver during an accident, you may well be asking yourself, “can my passenger sue me?” As ever, the situation can become quite complicated.

Injured passenger

Injured passenger

For example, if your passenger wasn’t wearing their seat belt at the time of the accident, you might be responsible. In situations like this, it can be considered the driver’s responsibility for the passengers’ safety, which can include being sure that they are wearing their seat belt. As the driver of a vehicle, you can be considered responsible for a wide range of health and safety regulations regarding your passengers.

Typically, in situations where a passenger has made a compensation claim against the driver, it will be the insurance company who compensates the passenger. Again, however, matters can become complicated. If you have become involved in an accident and are concerned about the potential legal implications, you may wish to seek dedicated legal advice right away. Talking to our team, for example, can help clarify your exact position and liability following an accident.

What can be Claimed for after a Car Accident as a Passenger?

If you have been injured as a passenger in a car accident, there are a number of costs and expenses which you may have encountered. When discussing compensation amounts, many members of the public are unaware of the full extent of the damages they can pursue. Whether it is a bus passenger accident claim, a taxi passenger accident claim, road traffic accident passenger claims, or any other passenger accident claims, the range of compensation you can be awarded might surprise you. Such damages can include:

  • General damages – this includes the injuries you have sustained. For instance, for the passenger in car accident whiplash can damage the neck and cause pain. General damages can compensate for the pain and suffering of injuries such as whiplash.
  • Care claim – this can involve the fees you may have spent on hiring a nurse to help you around the house and other care-related costs. In many vehicular accidents, people sustain life changing injuries which require them to seek dedicated care. The costs of this can be recovered.
  • Loss of earnings – this relates to the wages you might have earned, had it not been for the accident. For example, if you can no longer go to work because you have been injured, you may be reimbursed for these (plus any future) lost wages.
  • Travel Expenses – this covers any cost you may have had to pay after and during your accident in order to seek medical help. This could include the fuel costs of driving (or being driven) to a doctor’s appointment.
  • Medical Expenses – this can include your visits to a private healthcare facility, medication, or any medical equipment (crutches, wheelchair, etc.) required after the accident.

As you can see, there are a range of costs associated with compensation claims. We will cover the calculation of such costs below.

What is the average whiplash compensation amount for a passenger claim?

The average whiplash compensation a passenger could receive is between £2,500 to £3,000 however depending on the injuries passengers can get a lot higher  compensation amounts. The amounts will depend on a number of things including how long the pain lasted the areas of the pain and also your medical report.

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. However, in trying to decide whether you might be owed compensation, it can help to know the most common injuries suffered in such accidents. You might have a claim if you have suffered any of the following:

  • Broken pelvis – breaking the pelvis can lead to a loss of mobility and can seriously affect your ability to work.
  • Spinal Injuries (that may later lead to paralysis) – among the most serious injuries, those affecting the spine can take the longest to heal and can cause issues for the rest of your life.
  • Neck Injuries – many vehicle safety features, such as airbags and headrests, are designed to protect the neck during an accident. However, they do not always work and this can cause serious health issues.
  • Face Injuries – bruising, scarring, and broken bones in your face can lead not only to pain, but to a loss of professional reputation.
  • Whiplash – one of the most common injuries during car accidents, whiplash can be caused by sudden braking. For passengers, this is often unexpected and the injuries can be much worse as a result.
  • 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 concussion are not uncommon in car accidents and can lead to dizziness, nausea, and discombobulation for extended periods of time.

These injuries are among the most common for passengers injured in car accidents. In the next section, we will examine how the severity of these injuries can affect a payout amount. However, it’s important to remember that there are many more ways in which you can be injured. This is why we arrange for a local doctor to provide a thorough examination and determine any and all short and long term health issues resulting from the accident.

How Much Compensation will I get for as a Passenger after a Car Accident?

One common question we’re asked is, “how much money can a passenger in a car accident get?” The question can come in many forms, with people asking specific questions such as, “how much is the average payout for whiplash?” Answers to questions such as these can be difficult. Given the huge range of injuries you can endure and the types of accident you can be involved in, payouts vary. However, that does not mean we cannot provide an estimation. Below, you can see a table we have put together using average passenger in car accident settlement amounts.

Injury SustainedSeverity of the InjuryCompensation
Shoulder InjuryMinor Up to £6,000
Shoulder InjuryModerate£6,000 to £9,700
Shoulder InjurySerious£9,700 to £14,600
Shoulder InjurySevere£14,600 to £36,500
Spinal Injury (Paralysis)Quadriplegic£246,750 to £307,000
Spinal Injury (Paralysis)Paraplegic£166,500 to £216,000
Neck InjuryMinorUp to £6,000
Neck InjuryModerate£6,000 to £29,250
Neck InjurySerious£34,575 to £112,750
Arm InjuryModerate £14,600 to £29,800
Arm InjurySerious£29,800 to £45,500
Arm InjurySevere £73,100 to £99,500
Back InjuryMinorUp to £9,500
Back InjuryModerate£9,500 to £29,475
Back InjurySevere£29,475 to £122,350
Jaw InjuryMinor to Severe£4,900 to £34,600
Cheekbone Injury Minor to Severe£1,775 to £12,000
Damaged Teeth Minor to Severe£830 to £29,000
Leg InjuryModerate£21,100 to £29,800
Leg InjurySerious£29,800 to £41,675
Leg InjuryVery Serious£41,675 to £64,275
Leg InjurySevere£73,150 to £103,250
Brain Injury Minor£1,675 to £9,700
Brain Injury Moderate£32,725 to £166,500
Brain Injury Severe£166,500 to £214,350
Brain Injury Very Severe£214,350 to £307,000

As illustrated above, a passenger in car accident claim is highly dependent on the severity of the injury. It is important that you get a medical exam after the accident and keeping a medical journal can be beneficial. Though the above table is only designed to provide an estimation of your potential compensation, you can talk to our team for a tailored estimation once we have heard the details of your case.

No Win No Fee Passenger Injury Claims

The whole ordeal of filing a claim can be very complicated and difficult. This is especially true if your accident and injury have led to reduced wages, time off work, and other medical outlays. If this is the case, you need a law firm who can protect your financial security.

This is why we offer a ‘No Win No Fee’ policy. You will not have to pay anything if you do not receive any compensation for the injury you have sustained. Until your case is successful, you won’t have to pay anything. We take our fee from the final compensation amount.

If you’re looking for the best way in which to pursue compensation, this Conditional Fee Agreement could be just right for you. Call us and ask more about our ‘No Win No Fee’ policy.

Why Choose Us as Your Claims Service after as a Passenger in a Car Accident Claim?

We offer a huge range of benefits for those who chose us as their Claims Service. We pride ourselves on our high success rate, our client satisfaction, and our integrity. We want to make your claims process as simple and as trouble free as possible, allowing you to focus on recovering from the injury while we do the hard work.

As well as this, we can offer the following benefits:

  • Highly qualified representatives in every necessary field.
  • Representatives who all have years of experience in the legal trade.
  • We offer a free, no obligation consultancy session to discuss your claim.
  • We can arrange an appointment for you to visit a local doctor and ensure you’re correctly diagnosed.
  • We can offer a ‘No Win No Fee’ arrangement which helps keep down the costs when you’re filing for compensation.

When you’re dealing with a difficult situation, such as the aftermath of an accident, your mind might be ablaze with questions. When you’re struggling to get a hold on your thoughts such as whether a car accident my fault can I claim personal injury might be the first question you ask. Call us today and find out what we can do for you.

Call for Free Advice and To Start a Claim

Being injured in a car accident can be difficult, especially if you are the passenger. However, there are ways in which you can seek compensation for your injury. 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 form on our website. You could be speaking to one of our representatives in no time at all.

 

Helpful Links

Whiplash Compensation Claim Amounts

Find out how much you could claim for whiplash with this passenger whiplash claim calculator page.

NHS Whiplash

Whiplash injury is a type of neck injury and commonly happens in car accidents this link lets you know about the neck pain.

Bus Accident Claims – Find out How Much Compensation?

Was you a passenger on a bus? find out the compensation amounts you could receive as for a bus passenger injury.

Taxi Accident Claims  and Compensation Amounts

Was you a Passenger in a taxi accident? Find out if you can make a claim for a taxi passenger injury claim today contact us.

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