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Our personal injury solicitors and are able to deal with a wide range of claims including passenger accidents. We can arrange home or hospital visits and medical examinations and urgent private treatment can be undertaken at short notice, to assist recovery, with some of the most eminent medical consultants. We believe that it is important that a qualified solicitor is involved from the very start of your claim to ensure that you obtain fair and reasonable compensation. Our lawyers are able to deal with a wide range of claims varying from minor whiplash to spinal injury brain damage.

There is a general misapprehension regarding injuries to passengers as a result of a car accident. Many people believe that if the driver of the car in which they were travelling at the time of the accident was negligent and at fault for causing the accident that they will not be able to claim compensation for their injuries. Exactly the opposite is in fact the case. Passengers will almost always succeed in a claim for damages as they can claim either against their own driver or against the other driver dependent on who caused the accident and they also have the option of claiming against both drivers if both drivers were negligent and contributed to the cause of the accident.

The effect of this is that following a claim made to one or both of the drivers, the relevant insurers will, in order to reduce legal costs, pay out damagers to the passengers at an early stage and will then argue between themselves as to who was actually responsible for the accident, before adjusting the financial situation between themselves. These disputes will not involve the passengers and will of course not affect the passengers who will have already received their damages. Damages that may be awarded can include:

  • General Damages:
    Represents compensation for the pain, suffering and loss of amenity and is evidenced by medical reports.

  • Special Damages:
    Represents calculable financial losses including;
    • loss of earnings
    • taxi fares home
    • prescriptions
    • travelling expenses to attend hospital
    • the cost of care
    • future losses:

Innocent Victim

The victim of a road traffic accident can suffer both physical injury and psychological trauma. Anyone injured whilst travelling as a passenger in a vehicle involved in a collision is usually in a strong legal position to claim compensation. It does not matter which of the drivers was at fault, the innocent victim can always claim against one or the other or both. It is essential that specialist legal advice on passenger accident compensation claims is obtained immediately to ensure that relevant evidence is obtained and preserved. Legal action can be taken within a time limit of three years after an accident however evidence available immediately after a passenger accident is not always available at a later date so early legal advice can substantially strengthen a passenger accident compensation claim.

Passenger Liability?

There are almost no circumstances in which a passenger accident solicitor cannot claim damages from one or all of the drivers involved and even in multiple vehicle collisions where liability is initially far from clear, passenger accident compensation claims are almost always successful. It should be noted however that the Motor Insurers Bureau which pays compensation to the victims of uninsured drivers will consider the passengers knowledge of the lack of a drivers insurance as a relevant factor and passengers who deliberately distract a driver and cause an accident may find it difficult to establish negligence against a driver who may in any event sue that passenger for compensation.

Passenger Accident Accident Solicitors

Under normal circumstances a passenger accident compensation claim will always succeed and a passenger will almost never fail to be awarded damages in the event of being injured in a motor vehicle collision. A passenger is rarely deemed to be at fault for causing a road traffic accident and will therefore recover damages in almost every case from one of the other people involved in a vehicle collision, be it their own driver, another driver or a third party who was not a driver but was nevertheless responsible in negligence for causing the accident. Provided that you were injured as an innocent passenger, that you abide by the time limit rules, that you follow our qualified legal advice and that you are able to show that your injuries were caused by the incident in question then it is almost certainly a 'guaranteed compensation' situation.

Our passenger accident solicitors operate the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If you would like free advice on motor accident claims from an accredited expert solicitor just use the helpline or complete the contact form and a member of the Law Society panel of personal injury experts will speak to you on the telephone with no further obligation.

Child Passenger Accident Claims

A person dies in a vehicle collision every 3 hours in the United Kingdom and car accidents are the leading cause of death for those under 35 years of age. Over 3,000 people die in vehicle accidents every year usually because of driver negligence resulting in hundreds of fatal accident compensation claims. The majority of accidents are caused by irresponsible driving behaviour and unfortunately a great many of the victims are passengers with a high proportion of children amongst those who are seriously injured.

  • motor vehicle accidents are the greatest public health problem facing children
  • road traffic accidents are the leading cause of death among children
  • hundreds of child passengers aged under 15 die in motor vehicle accidents
  • for every child death about 16 other children will have suffered serious injury
  • many children find it necessary to start a claim against their own parents
  • most children in safety seats are incorrectly harnessed into incorrectly installed chairs
  • child safety seats reduce the risk of death by over 50%
  • airbags can cause serious injuries and fatalities to children

Compensation Solicitors

Damages that can be claimed by a passenger accident solicitor are divided into two main categories. One of the categories represents compensation for losses for items that can be reasonably accurately calculated and includes loss of wages, anticipated future losses of wages, damaged property, the cost of any medical treatment, legal expenses and general expenses associated with the injury. The second category relates to compensation for items that must be assessed and cannot be calculated with precision including pain and suffering for the injury and loss of amenity. The second item taxes judges on a regular basis and they are guided in the main by awards made in previously decided cases and to a lesser extent by government guidelines.

Psychiatric Injury

In addition to physical injury victims can suffer long-term emotional trauma which may be aided and overcome with the help of specialist psychiatric professionals. Accident victims who suffer from a recognised psychiatric illness as a result of an accident can recover the cost of long term medical treatment for stress, depression and post traumatic stress disorder (PTSD) from the negligent driver.

Uninsured Drivers

Our passenger accident solicitors will generally make a compensation claim for damages for personal injury and loss against at least one of the drivers involved in the incident which will be settled by the negligent party's insurers however in the event that the 3rd party is not insured or is untraced as in a hit and run incident, a solicitors claim will be made to the Motor Insurers Bureau (MIB) which is a company, set up by government and funded by the motor insurance industry to pay compensation to the victims of untraced or uninsured drivers. Even if there is no insurance indemnity available from an insurance company, if the driver is uninsured or untraced, our solicitors will ensure that you receive damages for personal injury from the MIB.

Time Limits

There are time limits that apply to personal injury damages awards and in general terms a passenger accident claim must be settled or proceedings must have been issued in a court of law within three years of the accident failing which the opportunity to claim compensation may have been lost forever. There are exceptions to the general rules for those under the age of 18 years (a minor) at the time of the accident and for those suffering from a mental disability. The limitation rules are complex legal matters and you should always take advice from a qualified specialist. Our lawyers are personal injury experts who will always be available on the telephone or in person to discuss legal matters relating to your claim. There will be no delays in dealing with your case.

Passenger Injury Compensation Claims

In most motor vehicle accidents, it is a driver who is injured. Injuries can vary from mild to severe with about 10 fatalities occurring on UK roads every day. Most vehicles travelling on our roads do not contain passengers; however when there is an accident in a vehicle with passengers, they often suffer more severe injuries than the driver due to reduced seat belt usage. A passenger who is not wearing a seatbelt is at considerably more risk of being thrown from the vehicle. Even if a passenger wears a seat belt the risk of injury is enhanced due to an inability to see the accident coming, giving time to brace and due to not having a steering wheel to use as a brace during impact.

Passenger accident litigation is like any other UK personal injury compensation claim in that there are no legal charges to pay to a solicitor who deals with the matter on a no win no fee* basis. It is wrong to think that a passenger who is injured in a road traffic accident has no claim unless the other driver is found to be at fault. A passenger can make a claim against the driver of the vehicle in which they are travelling even if the driver is a friend or close relative including spouse, parent or child. A passenger can make a claim against several drivers including their own driver, if the drivers were all partially to blame for the accident.

Passengers should almost always have a different solicitor to the driver of the vehicle to prevent the possibility of a conflict of interest arising in situations where it is determined that the driver has some fault in the accident. A passenger accident compensation claim for personal injury damages should be completely separate from action taken by any of the drivers; however a single firm of solicitors can represent different passengers in the same accident.

Legal Representation

Our passenger accident solicitors are some of the best in the business. All of our solicitors have years of experience in dealing with personal injury compensation claims. Once we accept your case you will not have to deal with anyone except a fully qualified solicitor who will manage your case from start to finish ensuring that you receive your compensation in the shortest time possible. Your claim will be handled exclusively by a qualified UK lawyer who is a member of the Solicitors Regulation Authority panel of personal injury experts.

Each case that we handle is dealt with on a individual basis with a specialist personal injury solicitors expertise to maximise the award of damages. We zealously guard our clients interests and it should be remembered that our lawyers only get paid by the other side if you win your case and receive damages, so it really is in their interests to ensure that you get the best possible legal representation. If you have been injured as a passenger in a vehicle collision within the last three years our lawyers will do their utmost to protect your legal right to receive compensation.

If you would like free advice from a specialist personal injury solicitor without further obligation just call our helpline, complete the contact form or email our offices. We will discuss the liability of the third party and will place a value on your personal injury claim based on the available medical evidence.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here