Passenger Accident Compensation Claims
Passengers are usually the innocent party in a road traffic accident, so their prospects of pursuing a successful passenger injury claim are high.
Getting injured in an accident whilst a passenger is a frightening experience, partly because you have no control over what happens.
Do drivers owe passengers a duty of care?
Yes, they do.
Drivers of vehicles owe a duty of care to their passengers and to passengers in other vehicles. The duty is to take reasonable precautions to ensure passengers do not come to any harm. Every driver must drive with the skill and care of an ordinary, competent driver. This standard applies equally to learner drivers and inexperienced drivers.
This duty of care was reinforced when the Highway Code was updated in January 2022 and introduced a hierarchy of road users, meaning the bigger the vehicle, the greater the responsibility they owed to more vulnerable road users, such as pedestrians.
If the driver of the vehicle you are in causes an accident and you suffer injury, you will be able to pursue an injury claim against them. I
If another motorist caused the accident by colliding with the vehicle you were in you would bring a claim against that driver.
Common passenger accident situations
1. Passenger in a car or van
If you are a passenger in a car or van and suffer injuries because the vehicle is involved in an accident, you can usually make a compensation claim.
Liability will always rest with:
- the driver of the car you were a passenger in, or,
- another motorist involved in the accident, or,
- the highways or local authority in the case of accidents caused by defects in road.
Sometimes it is not easy to tell who was at fault for an accident, and both drivers (or more in the case of a pile-up) may share some responsibility.
Some passengers worry about claiming against the driver they were travelling with, especially when it’s a friend or a family member.
Remember, the compensation will be paid by the driver’s insurance company – not the driver personally.
Sometimes road traffic accidents occur without any other vehicles being involved. Examples include:
- the driver of the car you are in loses control and collides with a stationary object, such as a road sign or a bollard.
- the driver travels too fast, causing the vehicle to overturn and resulting in injuries.
In either scenario, you can bring a passenger claim even if no other vehicle is involved.
2. Passenger on a motorcycle
You should claim against the rider of the motorcycle if they were at fault for the accident in which you were injured.
If another motorist collides with the motorcycle you are on, you should claim against that driver.
If there is a dispute over liability, you should initially start a claim against both parties.
Sometimes, the insurers of one of the drivers will agree to settle your passenger claim, whilst continuing to argue over liability with the other driver’s insurer. However, this dispute should not affect your right to be compensated..
Motorcycles are particularly vulnerable to debris left on the road.
Fallen branches, blown-out tyres, oil spills, potholes or other road defects can pose risks for drivers of four-wheel vehicles.
These hazards can be far more serious for motorcyclists and their passengers. When a rider goes over a defect, both the rider and the pillion passenger can be thrown from the bike.
Serious injuries and fatal accidents are often the result of a motorcycle hitting a hazard or a damage road surface.
Road defects that cause motorbike accidents are usually the fault of.
- The local authority or highways authority for failing to keep the roadfree from defects or dangerous obstructions, or
- The motorcyclist, particularly if speeding, where the hazard was visible could have been avoided had they been travelling within the speed limit.
If you suffer injury as a pillion passenger, after the bike hits a road defect or obstacle, get help from a specialist personal injury solicitor to handle your passenger accident claim.
It can be difficult to work out who was at fault in the circumstances just described. For that reason, having an experienced firm of road traffic accident solicitors on hand, is important.
3. Passenger on a bus
Passenger accidents on a bus are caused in similar ways to those in cars or on motorbikes. In addition, they can occur:
- The bus driver moves away from a stop too soon while you are still getting off.
- The driver brakes suddenly or drives too fast, causing passengers to fall.
- Another vehicle collides with the bus or causes it to take evasive action.
If another driver caused the accident and can be identified, your claim would be directed against them. If they cannot be traced, because they drove off after the accident, it may be possible to pursue an untraced driver claim.
4. Passenger on public transport
Coach passengers are vulnerable to the same types of accidents as bus passengers.
In addition, luggage can fall from overhead storage compartments if the coach driver brakes sharply.
If falling luggage injures you, you may be able to make a claim.
5. Passenger in a taxi
Most taxi drivers are competent and professional. Nevertheless, taxi accidents still happen, and passengers do get injured. If you are injured whilst a passenger in a taxi, you may be able to make a compensation claim. Whom the claim will be against will depend on how the accident happened.
What to do if you are injured in an accident where you are a passenger
- The severity of your injury will dictate whether you need hospital treatment straight away.
- If you are able to do so safely after the accident, try to obtain details of the drivers involved, including the driver of the vehicle you were travelling in.
- You will need their names, telephone numbers, addresses (if possible) and insurance details if they have these to hand at the time (if not, try and get them in the days that follow).
- Make a note of where the accident happened.
- As soon as you can, write down how the accident happened.
- Ensure you get medical treatment.
If you are unsure who caused the accident, contact the personal injury team at Mooneerams on 029 2199 1927 for a confidential, no obligation chat.
If you decide that you want Mooneerams to handle your claim, we can usually take it on using a No Win No Fee agreement. You only pay us a fee if we win, and nothing if we don’t.
What if the driver was under the influence of alcohol or drugs?
If you accept a lift from a friend and they cause an accident, and the police later find out they were over the limit for drugs and alcohol, will they affect your claim?
If you decide to bring a claim for personal injury against the driver over the limit, will his conviction for the drugs or alcohol offence affect your injury claim?
It depends on whether you knew, or ought to have known the driver was impaired.
If you did know, your compensation claim may be reduced by around 20%. The key issue is whether a reasonable person in your position would have realised the driver was unfit to drive.
What if I wasn’t wearing a seatbelt?
If you weren’t wearing a seatbelt the court may reduce your compensation award by:
- 25% if your injuries could have been entirely avoided by wearing a seatbelt.
- 15% if wearing a seat belt would have reduced the severity of your injuries.
- 0% if your injuries would have been the same, regardless.
What can I claim for in a passenger accident claim?
In addition to compensation for your injuries, you claim for other losses caused by the accident, including loss of earnings, cost of medical treatment, travel costs and damaged personal items.
Can a passenger claim against uninsured or untraced drivers?
Yes, if the driver of the car you were in, or another vehicle involved, was uninsured or fled the scene you may still be able to get compensation the Motor Insurers Bureau or MIB, for short.
The MIB pays compensation to passengers who are innocent victims of crashes caused by uninsured or untraced drivers.
However, if you knew the driver of the vehicle you were in was uninsured, the MIB will not pay you compensation. For more detail visit our Uninsured and Untraced Driver claims page.
How long do I have to make a passenger accident claim?
In England and Wales, you must start your pedestrian accident compensation claim within three years from the date of the accident.
There are some exceptions to this rule, so speak to a personal injury solicitor before deciding to start a claim.
Call Mooneerams now on 029 2199 1927 if you have been injured in a passenger accident within the last three years, or fill in one of our quick claim forms or email enquiries@mooneerams.com, and we’ll get straight back to you.
