By Jo Jeffries. Last Updated 22nd July 2022. Welcome to this guide dedicated to exploring the answer to the question ‘how can I prove fault in a car accident claim?’ Throughout, we will provide free legal advice regarding passenger car accident claims in length. If you’re wondering ‘I had a car accident without insurance, can I claim?’, this car accident passenger claim guide can help. We also answer questions such as ‘can a passenger claim for whiplash?’ ‘If I was a passenger in a minor car accident, how long after an accident can you file a claim?’ as well as explaining what happens if you lose control of your car and damage people or property.
We focus our FAQs on questions such as ‘Can you claim for whiplash if the accident was your fault?’ ‘How can I make a passenger claim against a driver?’ and ‘Can you show me how to claim whiplash as a passenger?’ Further to this, we give you insight into car accident injury compensation estimates.
How to claim whiplash as a passenger – your questions answered
Over the last couple of years, the mechanics and technology within cars have allowed them to become safer, and laws and policies have been introduced to ensure roads and highways are as safe as possible. However, despite these significant measures, road traffic accidents can still occur.
Sometimes, a road traffic accident can be an unfortunate and unforeseen turn of events where nobody is at fault or to blame. However, there are some cases where a third party could be at fault. In return, their actions could cause an innocent passenger of a car accident to become injured. Throughout this guide, we will outline what road traffic accidents are, how they are caused, what impact they can have, and most importantly, how to pursue a passenger compensation claim.
If I was a passenger, could I claim?
If you have been in a car, van, bus, lorry or another vehicle as a passenger and suffered injuries resulting from an accident you could have grounds to seek compensation. By talking to a company such as ourselves, with friendly solicitors who have 30 years of experience in compensation claims, including passenger car accident claims, you can make the process as smooth and hassle-free as possible.
If you want to get in touch for more information and to talk about possibly starting a claim, there are several methods you could use.
- You could use our contact page to request a phone call from our team.
- Alternatively, you could call us on 0800 073 8801 to speak with an adviser.
Choose a Section
- Your guide to claiming for compensation as a passenger
- Who is responsible for your injuries?” How can I prove fault in a car accident claim?”
- Can my passenger sue me?
- Can I claim against foreign drivers?
- How can I claim if the driver is uninsured?
- What to do if you are involved in a road traffic accident?
- Claims from passengers in cars
- Claims from passengers on public transport
- How to get started with a passenger in a car accident claim
- What can I claim as a passenger in a car accident claim?
- Types of injuries
- Compensation estimates
- Why choose AccidentClaims.co.uk to answer the question of how can I prove fault in car accident claims?
- No Win No Fee service for all claims
- Why not speak to us and see how we can help?
Car accident passenger claim – your questions answered
Throughout the course of this guide, we aim to address the following questions:
- What is a road traffic accident?
- How are road traffic accidents caused?
- Could I make a compensation claim if I was a passenger in a car accident?
- Can a personal injury solicitor offer to handle my case?
- Are there any funding options available to support me and my case?
It is worth noting that no two claims are exactly the same. Therefore, if we fail to touch upon any aspects of your case, please do not worry. All you have to do is contact our team using the number at the top of the page.
We’re here to help with passenger car accident claims. We look forward to hearing from you.
If you were a passenger of a car accident that has caused you harm, one of the primary issues that must be addressed is ‘if I am a passenger injured in a car accident, who am I claiming against?’. For instance, you must question who caused the accident, and to what extent could the accident have been avoided?
How can I prove fault in a car accident claim if I don’t know who to blame
There are several possibilities:
- The driver of the vehicle you were travelling in.
- The driver of another vehicle was responsible for the accident.
- The owner of the road
- The manufacturer of the vehicle you were travelling in
- The manufacturer of the vehicle that caused the accident
If I was a passenger in a car accident claim where there’s obvious fault, would my claim be easier?
There are some circumstances where accidents leading to passenger car accident claims are clearly the fault of one individual. For instance, if a driver exceeding the speed limit fails to stop when the car in front does, it could cause a collision. Sometimes, accidents are caused by a complicated sequence of events. For example, an accident could be caused if traffic travelling in the other direction crosses your lane. You could suffer injuries in a bend in the road accident, a merging traffic accident, or due to snow and ice.
How can I prove fault in a car accident claim relating to road conditions
The conditions of the road also play a significant role in road traffic accidents. For instance, potholes or insufficient road maintenance has the potential to cause an accident; they could cause oncoming traffic to lose control of their vehicle. For example, a severe pothole could jar your back, causing damage to the spine or make you lose control of your car. Inadequate lighting could make it harder for drivers and other road users to avoid each other.
How can I prove fault in a car accident claim relating to car condition
Finally, cars, for all their modern technology and improved build quality, are sometimes faulty. If a design flaw contributed to the accident or your injuries, then you may be able to claim against a car manufacturer for compensation.
As a driver, you are responsible for your passenger’s safety whilst they are in your car. If you are involved in an accident that was your fault, the passenger could have grounds to claim the damages they’ve endured. So, if you were in the wrong and have caused damage, “can my passenger sue me” will likely be answered with a firm ‘yes’. Typically, it will be your insurance company that will deal with the passenger car accident claims, and they will pay compensation as part of your claim with them.
If a passenger was injured in a car accident that was my fault, what happens in the UK?
The question of your liability can become extremely complicated. If you’re asking “can a passenger sue a not-at-fault driver”, then the answer depends on the situation. Should your passenger be found to have not been wearing a seatbelt then whether you provided one, whether you knew if it was broken, or whether they had suddenly decided to remove it for some reason just before the accident occurred will all have a bearing on to what extent you are liable for their injuries in passenger car accident claims.
If you have been involved in a car accident as a driver and are wondering “I was in a car accident that’s my fault, can I claim personal injury?”, then there are circumstances where you could put in a claim. If you are unsure what your legal liabilities are for a passenger whiplash claim, then you should seek legal advice without delay.
As well as asking “how can I prove fault in a car accident claim”, if you are involved in a car accident with a foreign driver, you may question whether you could take legal action for the damages you’ve endured.
Pursuing passenger car accident claims against a foreign driver may sound daunting, but thankfully, our personal injury solicitors are well versed in dealing with cases of this nature. Since 1953 we have been a member of the Green Card system whereby a foreign driver can indicate that they are fully insured in their home country. Therefore, if you are involved in a road traffic accident with a foreign driver, the claim would claim to the Motor Insurers Bureau (MIB).
If I was making a passenger in a car accident claim against a foreign driver, how would it work?
MIB will deal with compensation for passenger car accident claims involving foreign drivers and will be able to liaise with the driver’s insurance agents. However, in order to make a claim of this nature, you will need to provide evidence, such as:
- Registration number
- Vehicle description
- Contact information
- Insurance company and policy number
- Drivers licence
Another function of the Motor Insurers Bureau is to run the uninsured driver’s compensation scheme. All drivers pay into the scheme as part of their annual premiums. If the driver responsible for the accident is untraceable or uninsured, you will be able to file a claim against the fund for your compensation.
I am a passenger and want to claim – next steps
Please get in touch to discuss passenger car accident claims through the MIB. If you’re wondering ‘I had a car accident without insurance, can I claim?’, please don’t hesitate to get in touch with us today for a free consultation with one of our specialist advisors.
Should you find yourself in a situation where you are involved in a road traffic accident that wasn’t your fault, you may consider taking legal action for the damages you’ve endured. If that is the case, you may question whether you can take steps to support your case.
As a car accident passenger, the best thing you can do is collect evidence to support your case. Having evidence is critical when seeking compensation, and without it, making a claim will be incredibly challenging. Within the sections that follow, we have taken the time to outline steps you can take to support your case.
In the meantime, if you happen to have any concerns or questions, please do not hesitate from contacting our team. One of our advisers will be happy to speak with you and address any concerns you may have, such as ‘I had a car accident without insurance, can I claim?’.
Car Accident Passenger Claim – What Evidence Do I Need?
If you’re a passenger in a car accident, it’s important to know why and how you may be able to claim compensation. You may be able to claim if your injuries were the result of another person’s negligence. As a passenger, this means you could potentially claim against a driver if you are harmed.
However, if as a driver you lose control of your car and damage other people, if you were deemed negligent, you wouldn’t be able to seek compensation.
Evidence is crucial because you need to show how your injuries were caused by negligence. In a passenger claim from a car accident, potential evidence includes:
- Dashcam footage or CCTV footage of the accident
- Photographic evidence of your injuries and the accident site
- Witness statements. You can take the contact details of anyone who witnessed the accident and ask them to make a statement as part of your claim
- Medical reports and copies of medical scans that can show the extent of your injury
- Police reports of the accident. Many road traffic accidents result in a call-out being needed to the police so that the roads can be cleared of any debris. Their reports of the accident could be useful
- Making notes of both how the accident occurred and your recovery. Your first-hand account could prove to be helpful evidence in making a claim
Giving yourself the best chance of claiming
The more evidence you can gather, the stronger your passenger incar accident compensation claim will be. This will ensure that you are adequately compensated for your injuries instead of relying on a generic assessment based on the type of injury you report.
How long can I wait before making a claim for a car accident?
Your case must be made within a specific time limit for a solicitor to accept the case to make a personal injury claim. For claims involving adults over the age of 18, you would have to begin your claim within 3-years from the date of the incident. This is three years to the accident’s date in most cases, though it could mean three years from the date on which you became aware of having suffered an injury, mental damage or damage to your vehicle in the accident.
As mentioned in the above section, there are several reasons why it is a good idea to get started with a claim sooner rather than later as it can make the process easier in several ways. Still, it is also important to remember to get started as quickly as you can to make the most of your time.
In the UK, it is outlined in the law that drivers must have appropriate third-party insurance to cover damage and injury that they cause. In the event you are involved in an accident due to the fault of another driver, you could pursue a compensation claim against their insurance.
Those involved in a car accident might not be aware that they could seek compensation. However, you may be wondering ‘I had a car accident without insurance, can I claim?’. So, if you were a passenger of a car accident involved in an accident that wasn’t your fault, why not reach out and contact our team? It can be bewildering trying to work out for yourself who was responsible for your accident, but with our team’s support, they can make this process less stressful.
Road traffic accidents are not restricted to private cars, as you could have been a passenger in a taxi, bus, tram or coach. Passenger car accident claims involving vehicles could also involve trains or ferries in exceptional circumstances.
The main difference between claims involving public transport and other road accident claims is that you may be dealing with an entire organisation rather than a specific individual. When filing a claim, you will still need to have all the details of which vehicle and driver were involved, even if their employer is dealing with the claim filed against them as a whole.
Passenger Accident Statistics
The Reported Road Casualties in Great Britain 2019 annual report stated that car occupants make up 42% of all road fatalities. Most car accident fatalities are drivers; 508 car drivers were killed in accidents in 2019 compared to 228 car passengers. In 2019 there were just 14 passengers on board buses and coaches died in road accidents.
Once you have decided to make a compensation claim, your first step is to talk to an expert. Thankfully, our panel of solicitors has over 30 years of experience in compensation claims of all types and could offer to handle your claim under a No Win No Fee agreement.
If you have questions, such as ‘How much money can a passenger of a car accident get?’ or ‘I had a car accident without insurance, can I claim?’, then simply call us to gain more information.
Each claim is different, as no two accidents are the same. So, by speaking with our team, we can offer a free consultation where we can provide free legal advice regarding your case, outline your next steps, and how a personal injury solicitor could be of assistance. The consultation will also give you the chance to ask questions about your claim.
You may be wondering ‘I had a car accident without insurance, can I claim?’. Very simply, you shouldn’t be left out of pocket for an accident that was not your fault. Thankfully, you could claim a number of areas if you have been a passenger in a car accident that wasn’t your fault. Regardless of whether the car you were in was responsible for the accident or not, you could have grounds to make a claim. You may also have grounds to make a claim if you were a bus passenger, taxi passenger or on a tram that was involved in an accident due to the fault of another.
When seeking compensation for an accident that wasn’t your fault, it is essential to acknowledge that compensation is often split into two categories known as general and special damages. Throughout this section, we are going to discuss what both damages are, what they include, and most importantly, what you could claim for if you were a passenger of a car accident that wasn’t your fault.
General damages are what most people would think of when discussing car passenger accident claims. Your claim’s general damages section includes an amount for your injuries as detailed in the next section and pain and suffering for passenger injury.
- Care is often necessary following an accident. If you suffer broken limbs or extensive muscle damage, you may be unable to care for yourself and require assistance at home. The amount payable is related to the type and quantity of care you require and includes any nursing care you may receive in your home.
- Loss of Earnings covers you for the amount you have lost in pay following the accident. It can also cover the impact of your accident on your future earning potential. For example, if you are a builder and, following an accident in which you were a passenger, can no longer sustain the physical effort necessary to continue in that line of work you would be able to claim for future earnings.
- Travel Expenses includes all expenses related to travel incurred because of your accident. It usually includes such items as fuel for driving to extra doctor or hospital appointments.
- Medical Expenses covers healthcare-related costs, such as medication. It could include the use of private medical facilities and the provision of aids such as wheelchairs as needed following your accident.
Here at Accident Claims, we understand that this is a lot of information, so if you have any questions, please contact our team. By speaking to our claims team, they can discuss your case in greater length and ensure you claim everything you are entitled to.
The physical and psychological aftermath of an accident is extremely unpredictable, as they can cause injuries that range between something of minor nature to something sinister. More often than not, the outcome will be heavily determined by the cars’ speed involved in the accident. However, there are specific injuries that are far more likely in a car accident, such as:
- Whiplash is perhaps the most common injury that people associate with car accidents as it occurs during sudden braking when your head continues moving after your body has stopped. As a passenger in a car accident, you may suffer whiplash, where your head’s momentum sprains the soft tissue in your neck. This can cause neck pain and potential long-term damage. Correct use of head restraints can reduce the severity of whiplash suffered by preventing the head from stretching the neck backwards and forwards. It can present similar symptoms to other injuries, so you must be examined promptly.
- Head injuries such as a concussion can be caused by your head impacting the car’s interior. Modern airbags aim to minimise the impact your head has to deal with, but it can still be severe enough to cause damage leading to symptoms such as nausea, dizziness and confusion.
- Facial injuries can be sustained through incorrect impact with airbags or from broken windows or shards of metal. Facial injuries can not only be excruciating and debilitating; they can also impact your whole future if they lead to scarring.
- Neck injuries are easy to sustain in an accident. Internal damage – such as that caused by whiplash – can be coupled with external damage such as cuts and scrapes.
- Spinal injuries are some of the most severe injuries occurring as a result of car accidents. In certain situations, it is not the initial injury that is the danger but rather inappropriate treatment resulting in a worsening of your condition. The most severe spinal injuries are life-changing and can result in partial or full temporary or permanent paralysis.
- A broken pelvis is a particular injury caused due to the position in which you sit in a car. It can lead to difficulty walking and impaired sexual function.
- Broken or crushed limbs are possible if you become trapped in the wreckage of the car or vehicle you are travelling in. Unsecured objects in the vehicle can also lead to impact injuries. In extreme cases, a car accident can result in amputation.
- Burns caused by fires due to chemical or fuel spills can also occur during or just after a car crash. If you can leave the vehicle and you smell leaking fuel, you should do so as soon as possible. Friction burns from contact with upholstery or the other interior fabrics can also occur as can abrasions if you are thrown clear of the vehicle.
Medical Assessment And ‘how can I prove fault in a car accident claim?”
To receive compensation for physical or psychosocial trauma, you will be required to attend a medical assessment to support your claim and validate the damages you’ve endured.
The medical professional conducting the evaluation will sit you down and ask you a range of questions regarding your injury. They will also examine the severity of the damage and determine whether there are long-lasting implications — such as the need for surgery or physical limitations.
After the evaluation has taken place, the information will be documented in a report which will then be used to value and support your claim. Thankfully, Accident Claims can help you organise a medical assessment, so why not reach out and speak to our team? One of our advisers would be more than happy to talk with you and help you better understand the medical assessment process.
In addition to wondering ‘I had a car accident without insurance, can I claim?’, you may also be wondering ‘how much compensation could I claim?’. We previously acknowledged how compensation is split into these two categories, General and Special damages. Within this section, we are going to look at general damages in greater length to further your understanding of the process.
Legal precedents are never set in stone, as they take into consideration the unique characteristics at hand. Therefore, it is challenging to offer estimated figures for all cases, as they can vary.
Many firms opt to use a personal injury claims calculator to offer estimated figures. Still, we find that they can be extremely complicated and fail to consider the unique circumstances at hand. It is for that reason why we have included the following compensation calculator table.
Type of Injury Severity Compensation Range
Shoulder Injury Minor £2,450 to £4,350
Shoulder Injury Severe £19,200 to £48,030
Spinal Injury Causing Paralysis Quadriplegic £324,600 to £403,990
Spinal Injury Causing Paralysis Paraplegic £219,070 to £284,260
Neck Injury Minor £4,350 to £7,890
Neck Injury Severe In the region of £148,330
Back Injury Minor £7,890 to £12,510
Back Injury Severe £91,090 to £160,980
Facial Injuries MinoR Jaw Injury £6,460 to £8,730
Facial Injuries Severe Tooth Damage Up to £38,130
Leg Injury Moderate (fractures of crush injuries) £27,760 to £39,200
Leg Injury Severe (Loss of both legs) £240,790 to £282,010
Brain Injury Less Severe £15,320 to £43,060
Brain Injury Very Severe £282,010 to £403,990
Estimates in car accident passenger claims
The table above uses the Judicial College Guidelines’ information to outline how the injury type, severity, and long-term implications play a critical role. However, please note that the table does not list everything, and the amounts provided are only indications. The actual amount of compensation you could receive will heavily depend on the criteria previously listed.
If you have any questions, such as ‘I had a car accident without insurance, can I claim?’, please feel free to call us for a no-obligation chat about your situation.
Why choose Accident Claims UK to answer the question of how can I prove fault in car accident claims?
We know that picking up the pieces and returning to a state of normality after an accident can be challenging, even when an accident is of a minor nature. It is more than understandable to consider taking legal action if you have suffered due to a third party’s negligence, and here at Accident Claims, we could be of assistance.
Getting the right help
When making a compensation claim, you want someone who is dedicated, experienced, and will ensure the best possible outcome for you and your case. Thankfully, our panel of solicitors is well-versed in personal injury law and have up to 30 years of experience. Should you choose Accident Claims to handle your case, then you will be thrilled to hear that we can offer all this and more:
- We have a large team of experts that allow us to provide you with expert advice, whatever circumstances you need to claim.
- All team members are highly experienced in their chosen field.
- We work on a No Win No Fee basis, which means you don’t need to pay us a penny until your claim is paid.
- We offer a free initial consultation to discuss your case and answer the question of “how can I prove fault in a car accident claim?”.
What our solicitors do in passenger car accident claims
We believe that you’ll increase your chances of winning compensation with one of our specialists by your side. With their skills and experience, they’ll work hard during your case to try and win the maximum level of compensation possible. If you would like to work with us, and your case is accepted, your solicitor will:
- Review the circumstances of your car accident claim to establish responsibility answering the question of “how can i prove fault in a car accident claim”
- Listen to how you’ve suffered so they’ll learn exactly how you’ve suffered.
- Arrange for a local medical assessment of your injuries.
- Gather evidence to try and prove how your car accident happened, who was to blame and the injuries you sustained.
- Send the claim to the defendant’s insurers and speak with them on your behalf.
- Provide regular updates to you about any progress.
Helping make claims less complex
Passenger car accident claims can be quite to and fro. For example, there may be a lot of discussion over liability for the accident. Then, if that is agreed upon, the defendant’s insurer might try to say that even though they admit liability for the accident, they don’t admit it for all of the injuries sustained. This is where your solicitor can really help. They’ll try to counter as many objections as possible by providing compelling evidence to support your allegations.
Once liability has been established, your solicitor will do all they can to achieve the highest compensation payout possible. For more advice on passenger car accident claims, please call our team today.
As well as asking ‘how can I prove fault in a car accident claim’ you may be wondering ‘ Can I afford a lawyer?”Finding affordable legal representation can be incredibly daunting, and there are many circumstances where claimants shy away from taking legal action because of the upfront fees. However, here at Accident Claims, we firmly believe that everybody should have the option to take action, seek compensation, and receive justice for any damages they’ve endured. For that reason, our personal injury solicitors could offer to handle your claim under a No Win No Fee agreement.
“A No Win No Fee agreement may also be referred to as a Conditional Fee Agreement (CFA).”
We offer a free consultation to assess car passenger accident claims and to talk you through the rest of the process should you decide to continue.
Benefits of making a No Win No Fee car accident passenger claim
Should a personal injury solicitor offer to handle your claim, they will handle the case under a No Win No Fee agreement. So what does that mean? A No Win No Fee agreement would give you access to the following benefits:
- No upfront fees, allowing you to begin your case as soon as possible.
- At no point throughout the claims process would you be required to pay a fee or cover any costs.
- Should the claim be unsuccessful, under the agreement, you would not be required to cover the costs of your solicitor.
Under a No Win No Fee agreement, your solicitor would retain a small amount of compensation if the case is successful. There may also be referred to as a success fee, but please do not worry, as it is capped by law. All of these details will be outlined in your agreement, and your solicitor will ensure you fully understand them before signing the document.
Why not speak with our claims team to discover if a personal injury solicitor can handle your case. We could help answer the question “how can i prove fault in a car accident claim?”
Thank you for reading our guide, where we hope to have answered ‘I had a car accident without insurance, can I claim?’. If you have any more questions, please don’t hesitate to speak with one of our specialist advisors today. You have nothing to lose and everything to gain by talking to them. They will be able to answer all your questions – even the minor ones you think are too silly to ask such as ‘how can i prove fault in a car accident claim’. Our team can also explain what the next stage of the claim process will be.
Our friendly, compassionate and knowledgeable staff are available at any time of day and will continue to be there for your questions throughout the whole claims process including ‘how can i prove fault in a car accident claim’.
- So, don’t delay – call 0800 073 8801 today!
- Enquire online by clicking here.
- Use or online chat by clicking the icon on the right corner of the webpage.
Helpful Links On How Can I Prove Fault In A Car Accident Claim
Here are some helpful links that could help you answer ‘I had a car accident without insurance, can I claim?’:
Find out the amounts of compensation you could claim for whiplash injuries.
If you are a cyclist that has been involved in a road traffic accident, please read our guide to learn more.
Why not read our guide to learn more about making a compensation claim for a pedestrian accident, including “how can i prove fault in a car accident claim”
A neck injury common in passenger accident claims, whiplash can be painful. Read the NHS advice on the condition here.
Read some of the most important rules within the Highway Code here. This could answer the question of “how can i prove fault in a car accident claim”
The bureau was set up to protect accident victims in situations where drivers cannot be traced or held accountable for accidents.
Find out how much you could claim for a whiplash injury.
Passenger in car accident claim FAQs
You’ve now reached the end of our guide, where we hope to have answered ‘I had a car accident without insurance, can I claim?’. Here, we answer some passenger in car accident claim FAQs, such as ‘Can you claim as a passenger in a car accident if you didn’t wear a seatbelt?’ and give you further guidance on how to claim as a passenger in a car accident.
Can a passenger claim for whiplash by making a passenger in a car accident claim?
If you’ve suffered a whiplash injury in a car accident, whether you were a passenger or a driver, and someone else was at fault, you could be entitled to claim compensation.
Could a passenger be held responsible for an accident and how can i prove fault in a car accident claim?
Cases, where a passenger is ruled to be responsible for an accident, are rare. Even in cases where a passenger may have been causing a distraction, the driver is usually held accountable. In the unlikely event that a passenger could be held responsible for an accident, it could be because they had directly interfered with driving the vehicle, such as by touching the steering wheel or the driver or obstructing the driver’s vision.
How can I get the most compensation for a car accident if I am a passenger?
To best improve your chances of winning more compensation:
- Obtain evidence from the scene
- Talk to the police
- Consult a doctor
- Obtain witness information
- Keep track of all your financial losses and expenditure
Who do I claim against in an accident if I was hurt and how can i prove fault in a car accident claim?
In most cases where a passenger has been injured, they could claim against the driver, as the driver is the one responsible for their passenger’s safety. The driver could be made to pay compensation out of their driver’s insurance. Otherwise, you could claim against someone else if someone else was clearly responsible. Making a passenger compensation claim is therefore quite straightforward.
How can I prove fault in a passenger in a car accident claim if I was a passenger who didn’t see what had happened?
If you were injured in a passenger accident, you may be wondering ‘how can I prove fault in a car accident claim if I wasn’t paying attention to what happened?” In reality, it would usually be up to the insurance companies of the drivers involved to ascertain whose responsibility an accident was, as well as the police. If you were not paying attention to the road while travelling as a passenger in a car or another vehicle, you could still claim compensation, even if you didn’t see whose fault the accident was.
Can you claim as a passenger in a car accident if you didn’t wear a seatbelt?
If you weren’t wearing a seatbelt and you were injured as a passenger in a car accident, you might be wondering whether you could still claim. In some cases, you may be able to claim if the driver’s negligence also contributed to the injuries you sustained. The compensation you may receive would be adjusted accordingly.
If you would like to know how to claim as a passenger in a car accident that wasn’t wearing a seatbelt, please call our team. We would be happy to explain whether you could claim and how we could help you if you are eligible.
How to claim as a passenger in a car accident when under 18?
In some cases, an adult could apply to act as a litigation friend and make the claim on the child’s behalf. However, if no one has made a claim on their behalf before they turn 18, the child will have three years from the date of their 18th birthday to put forward the claim themselves.
How can I prove fault in a car accident and bus accident if I don’t understand who has right of way?
According to the Department of Transport’s 2020 road casualty report, the following road users were injured in accidents on the roads in 2020. These figures are provisional.
As you can see there were injuries that affected bus occupants and car occupants, and this doesn’t specify whether these were passengers or drivers. If you were injured as a passenger in a crash between a bus and car, you may not understand who is at fault if you don’t know the rules of the road. Again, this would not usually be something you’d have to worry about, as you would only have to say what you saw. It would be up to the insurers of the vehicle operators to decide who was at fault for the accident.
I was in a minor car accident, what to do in the UK?
If you were in a minor car accident, you may be wondering whether you need to do anything about informing the police or getting medical treatment. The things you’d need to do would vary depending on who you were. For example:
I am a passenger – you would not need to inform any of the insurance companies of the vehicles involved, or the police if the other road users have done this for you. If they have left the scene, you should inform the police and try and remember all the details you can. It would be wise to take down witness details too and take photographs if appropriate.. You should see a medical professional too for your injuries.
I am a driver – you have a legal responsibility to inform the police of the incident if it causes damage to property or injury. You should also seek medical attention and gather any evidence you can, such as witness details and photos of the scene.
If I was in a car accident that was my fault, what happens in the UK?
This would depend on the nature and severity of the accident. If you lose control of your car and damage property that is parked up, for example, you’d need to report it to the police, and your insurance company. If you are found to be at fault, your insurer would have to pay out any claims, and this could result in your no claims bonus being lost. Your premiums may also rise.
Can you show me how to claim for whiplash as a passenger?
We could help you if you want to know how to claim for whiplash as a passenger. If you can prove that someone breached the duty of care they owed you causing you to sustain harm, you may be eligible to seek compensation.
You can call our team to find out whether you have a valid claim and the steps you may need to take to seek compensation.
Can you claim for whiplash if the accident was your fault?
You would not be able to claim for whiplash if the accident was your fault. However, if you wanted to make a passenger claim against a driver, and you were partially responsible for the injuries you sustained, you may be able to seek compensation still. However, the compensation you receive will be reduced to reflect how at fault you were for your injuries.
Do I need a local solicitor to show me how to claim for whiplash as a passenger?
No, you don’t need to use a local solicitor to show you how to claim for whiplash as a passenger. You could use a solicitor based at the other end of the country if you wished. Much of the claims process is dealt with remotely which means you can choose a solicitor based on experience rather than location.
Where can I find up-to-date car accident injury compensation estimates?
If you’re seeking car accident injury compensation estimates for 2022 claims, we could help you. The table on this page contains figures from the 2022 release of the Judicial College Guidelines. This is the 16th edition of the publication.
When making a car accident passenger claim, legal professionals such as solicitors will use the guidelines to help them value claims accurately.
However, we should remind readers that the figures in the table relate to general damages only. General damages compensate for the pain and suffering you have experienced as a result of your injuries. They do not take into account special damages, which compensate for any financial expenses caused by your injuries.
If you are injured as a passenger in a car accident and want to find out more about launching a potential claim, please get in touch on the number above.
How long does it take to settle a car accident passenger claim?
If you have a valid car accident passenger claim you may wonder how long it would take to settle. In many cases, the time it takes for a case to settle can vary depending on several factors, such as:
- Whether the third party has admitted liability
- Whether a settlement has been offered
In some cases, the third party may not admit liability meaning more evidence is needed.
Thank you for taking the time to read our guide on passenger car accident claims. We hope you’ve been able to find the answer to the question, ‘I had a car accident without insurance, can I claim?’, and “how can I prove fault in a car accident claim?”