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Road Traffic Accident Claims

Passenger Claims

It's not just the driver who is at risk in a road traffic accident – passengers in vehicles of all kinds can face serious injuries, and are entitled to claim compensation as a result.

Our lawyers have experience with a broad range of road traffic accident claims, including those where passengers are injured.

The driver of any vehicle is responsible for the safety of their passengers. If reckless or negligent driving on the part of the driver of your vehicle caused your injuries, you can contact a lawyer to make a compensation claim against them. You can also claim compensation as a passenger if the driver of another vehicle was responsible.

Accidents could be caused by a road user driving carelessly, recklessly, or driving under the influence of drugs or alcohol. Passengers who are injured in a road accident could sustain a range of injuries, including:

  • Whiplash
  • Broken bones
  • Back and neck injuries
  • Serious head and spinal injuries
  • Loss of limbs
  • Paralysis
  • Fatal injuries.

If you or a loved one has suffered an injury as a passenger in a road traffic accident, call us on 0800 056 4110 or contact us online to arrange a free initial consultation about your case.

The majority of the claims we handle are on a No Win No Fee basis. This means that there's nothing for you to pay upfront, and that you won’t have to pay any legal fees if your claim isn’t successful*.

No Win No Fee*
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Client liaison managers to help access specialist support

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Passenger Claims - More Information
    • How Much Compensation Can I Expect?
    • How much compensation you can expect to receive following a road traffic accident will depend on a number of factors related to your injury, its circumstances, and the support and rehabilitation you require as a result.

      The amount of compensation you could claim is based on a variety of factors including:

      • Your pain and suffering
      • Current and future loss of earnings
      • Medical and travel expenses you have incurred
      • Your care and support needs – both now and in the future
      • Modifications to your home

      Find out more about guide compensation amounts following road traffic accidents or call us on 0800 056 4110, and we'll be happy to discuss your options in a free initial consultation.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you on which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

      Please visit our No Win No Fee page for more information on how it works.

    • How Long Do I Have To Make A Claim?
    • You normally have three years from the date of an accident to begin a compensation claim – or three years from the date of turning 18 if the incident happened when you were a child.

      However, there is no time limit for people who don't have the mental capacity to make legal decisions, which often applies to those who have suffered serious brain injuries.

      In fatal cases, the family of the deceased has three years to make a claim, starting from either the date your loved one died, or the date you received the post-mortem results.

      If your accident or injury happened outside of the UK, then the time limit can be shorter. In this instance, it's vital that you contact us as soon as possible in this case.

      If you have any concerns or questions about the time limit for claiming compensation, call our team today on 0800 056 4110 for free initial advice and to talk through your options.

    • Can I Get Early Compensation Payments?
    • Early compensation payments, also known as interim payments, are made in advance of any final settlement. They’re only made in an agreement with your opponent, if they admit that they're responsible for your injuries.

      Interim payments can be used to replace lost earnings, so you can afford to pay essential bills if your injury has meant you’ve been absent from work, as well as covering the cost of specialist medical care or mobility equipment.

      We'll work hard to get an early admission of fault, and also to get early compensation payments to relieve any immediate pressures you’re feeling.

It was so fantastic to have Irwin Mitchell supporting my recovery. They put in place additional services for me to help me with my rehabilitation, and it was able to carry on when the community services came to an end.”

Jaxx, client
Client Jaxx Cave

Frequently Asked Questions

Who Can Claim For Passenger Accident Compensation?

If you or a loved one was the passenger in a vehicle that was involved in a road traffic accident, and was injured as a result, then you may be able to claim compensation.

Your right to make a claim and the amount of compensation you could receive isn't affected just because you're a passenger rather than a driver. It also doesn't matter if the accident was caused by the driver of your vehicle or another road user – you can claim in both instances.

If you were injured in a taxi, your claim may be different – you may be claiming against the taxi company if they were found to have disregarded rules regulating the standards for drivers, for example, rather than against the driver themselves. Visit our taxi accident claims page for more information.

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What If I Wasn't Wearing A Seatbelt?

As a passenger, you're required by law to wear a seatbelt if there is one attached to your seat. But you can still claim compensation if you weren't wearing a seatbelt at the time of an accident.

Because a seatbelt is required by law, your compensation could be reduced if you suffered an injury while you weren't wearing your seatbelt.

However, if it can be argued that a seatbelt would have made no difference to your injuries, it might not affect the sum you receive. In some cases the medical expert assessing your claim may decide that you would have received the same injuries even if you had been wearing a seatbelt.

Find out more about the impact not wearing a seatbelt can have on your claim.

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What Happens When You Make A Passenger Accident Claim?

When claiming as a passenger in a road traffic accident, who you claim against will depend on the circumstances of the accident. It could have been caused by:

  • The driver of the car you were in
  • The driver of another car

The cause won't affect your ability to make a claim, but it will determine who'll be responsible for paying your compensation.

Whoever you are claiming against, the process will follow the same four basic stages:

Stage One: Information Gathering

We'll begin by investigating the circumstances of your crash to work out exactly what happened and, most importantly, who was responsible for the collision.

However, if you were aware that your driver was under the influence of drugs or alcohol when you got into the car, it may affect the amount you are able to claim.

The accident may be investigated by our specialist team, which includes a former police accident investigator and an advanced driving instructor. They may get hold of police reports, interview witnesses, or put together reconstructions if required, to establish who was responsible for the crash.

You will also have to have a medical examination with a medical expert that specialises in your injuries. They will write a report on how seriously injured you are, and what you will need to help you recover.

At this stage, we’ll also determine if we can pursue your claim under a No Win No Fee* agreement, which will make sure you don't have to pay anything if the claim is unsuccessful.

Stage Two: Rehabilitation

Rehabilitation is one of the most important aspects of dealing with any road traffic accident claim, including those involving passengers, and we consider accessing medical care and support to be as important as financial compensation.

Rehabilitation is essential for helping you and your family deal with the difficulties caused by your injuries. Our client liaison managers will work with you from the beginning of the claims process to understand what support you need to help you return to work and live independently.

We work tirelessly to ensure that you receive all of the support you need following an accident. It's a commitment that has seen us win the Claimant Solicitor of the Year award at the Post Magazine's Rehabilitation First Awards seven times.

For more information on how we can help you gain access to rehabilitation support, please visit our rehabilitation page.

Stage Three: Compensation

We’ll work out how much compensation you’ll need for your injuries, losses, and for any medical care and support you need both now and in the future. The compensation amount will either be agreed with your opponent as a settlement, or determined through court proceedings.

The majority of cases settle out of court, so pursuing court proceedings is rare. However, if you do have to go to court, our team will be there to support you.

Stage Four: Conclusion

Your claim is concluded, and you’re awarded compensation if you’re successful. If we agreed to make your claim under a No Win No Fee* arrangement, then you won't need to pay anything if you lose the case, while your opponent will pay most of our fees if you win.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

legal-500-2019 The Times Best Law Firms 2019 chambers-2019

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Proudly supporting vital charity work.

We're registered as approved solicitors with a number of leading national charities, including:

  • Brake – the Road Safety Charity
  • RoadPeace – the Road Crash Victims Charity
  • Headway – the Brain Injury Association
  • The Brain and Spine Foundation
  • The Spinal Injury Association
  • The Child Brain Injury Trust
  • The UK Acquired Brain Injury Forum

We consider rehabilitation to be as important as financial compensation - a commitment that has also seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions. 

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

Start Your Claim Today

To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

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