If you’ve been injured in a road traffic collision but weren’t the one driving, you might be wondering whether you still have a right to claim compensation.
The short answer is yes – passengers are almost always eligible to claim if they’ve been injured in an accident, regardless of who was at fault.
Passengers have a legal right to claim compensation if they are injured in a road traffic accident, whether they were in a car, taxi or private hire vehicle, bus or coach, or indeed a motorcycle (as a pillion passenger).
The key point is that passengers are almost never considered to be at fault for the accident, which makes liability much clearer compared to drivers.
Who do you claim against? This depends on how the accident happened:
- If the driver of the vehicle you were in caused the accident, the claim is usually made against their insurance.
- If another driver caused the accident, the claim is made against their insurance.
- In some cases involving multiple vehicles, liability may be shared between insurers.
Even if the driver you were travelling with is a friend or family member, claims are typically handled through insurance, not directly against the individual.
If there is a dispute over who caused the accident, you may still be able to bring a claim. Insurers will investigate liability based on evidence such as:
- Police reports
- Dashcam or CCTV footage
- Witness statements
- Vehicle damage analysis
- Accident reconstruction evidence
In England and Wales, the general rule is that you have three years from the date of the accident to start a claim. There are exceptions, including for minors or those lacking mental capacity, but it’s always worth getting advice as early as possible.
If your claim is successful, compensation may cover:
- Pain and suffering
- Medical treatment and rehabilitation
- Loss of earnings
- Travel costs related to treatment
- Care and assistance needs
- Long-term impact on quality of life
In serious cases, especially where injuries lead to ongoing or chronic pain, compensation can also reflect long-term effects on daily living and employment.
If you were injured as a passenger, you are likely entitled to make a claim, even if you know or were travelling with the driver. These claims are common, and insurers deal with them regularly.
Speaking to a specialist personal injury solicitor can help clarify your position and ensure you don’t miss out on compensation you may be entitled to.
