Passenger Compensation Claims
Car and road accidents can be a very frightening and distressing experience, with injuries and mental trauma lasting far beyond the incident itself. In most cases, the driver is the first to be considered. But many road traffic accident victims are passengers in the car, who can also suffer the same, and sometimes more serious, injuries than the driver.
If you have suffered an injury as a passenger in a car or bus that was involved in a road traffic accident, you could be eligible for compensation.
Passengers can also claim against local authorities if it can be proved that road conditions contributed to an accident. This may include poor lighting, or the general upkeep of the roads.
Accidents can happen to all road users, including passengers. If you’ve been involved in an accident that wasn’t your fault, get in touch to find out how our expert team can help you.
“Hodge Jones & Allen is a well known and popular claimant law firm, with a reputation for taking on complex cases that require excellent legal knowledge and courage.” – Legal 500, 2023
Our Personal Injury team has been ranked in the Chambers & Partners 2023 legal directory. The team was described as “highly consistent and attentive” and were praised for providing “well-thought-through advice” our clients “could trust”.
Why choose Hodge Jones & Allen?
At Hodge Jones & Allen, our personal injury solicitors have over 40 years of experience in helping those who have suffered an injury make a successful claim.
We believe in rehabilitation first, which is why our first port of call is to make sure you get the treatment and access to care that you need. We also know that no two cases are the same, so we take care to assess your needs and ensure they are met. From there, our team will analyse your case and look to start gathering the evidence you need to make a claim.
Our cases are funded through a conditional fee agreement, which is more commonly known as No Win No Fee. This means that you won’t have to pay anything upfront, so you don’t have to worry about not being able to afford to make a claim.
"THANK YOU FOR YOUR EXCELLENT WORK, I AM REALLY HAPPY WITH THE OUTCOME OF THE CASE, AND I HAVE REALLY APPRECIATED THE WAY YOU HAVE BEEN ASSISTING ME THROUGHOUT THIS TIME."
How do I make a passenger injury claim?
A passenger injury claim must be brought (submitted to the court) within three years of the date you suffered an injury or within three years of you being aware that you have suffered an injury – so it’s important to act quickly. There is an exception for children under the age of 18 years who have until they reach their 21st birthday to submit their claim to court.
If you’ve suffered an injury as a passenger in a car accident, the first step is to get medical assistance. This could assist with providing access to early rehabilitation and interim compensation payments to cover some immediate losses or expenses incurred, as well as helping us determine what we need to claim for.
You should also contact a specialist solicitor as soon as possible to start the claim process. Call our team of experienced solicitors, who will provide you with a free, no obligation consultation and advise you on the next steps you should take.
The team will assess your case based on the injuries you have sustained and the details you provide of the accident itself. We may need to secure additional evidence, including an independent medical report of your injuries.
Once we have all the details, we will process your claim and support you with getting access to other support services, should they be needed, as well as representing you every step of the way, whether that is as part of negotiations or in court.
How much compensation will I get?
Every passenger injury claim is different, so the amount of compensation you get will be personal to you based on your injuries.
Personal injury compensation comes in two forms:
- General damages – Compensation paid for injuries you have suffered and the impact these have had on your life.
- Special damages – Compensation paid for financial losses you have incurred, including medical bills, loss of income and rehabilitation.
Some of the most common types of injury suffered by passengers include:
- Head and brain injuries
- Spinal injuries
- Catastrophic and serious injury
- Post-traumatic stress disorder
Passenger injury compensation case study
Our client was a passenger in a vehicle that spun out of control. As a result of the collision, he suffered a fracture to his forearm, a fractured clavicle, an injury to his eye and a serious psychological reaction.
After the accident, our client’s studies to become a skilled tradesman were interrupted. He claimed for his past loss of earnings, care and assistance and the future loss to reflect the difficulties he would face in his chosen trade.
Damages awarded: £120,000
Our client was a passenger in a car. Unbeknown to the client, the driver of the vehicle was driving without insurance. The driver of the vehicle in which the client was travelling was speeding and he lost control of the car and crashed into a lamppost. The client suffered significant injury. The client was not wearing a seat belt and was ejected from the car.
Our client was a rear seat passenger involved in a road traffic accident. The driver of the car in which he was travelling was speeding and then lost control on a bend colliding with a telegraph pole at high-speed. He was sitting behind the driver and was not wearing a seatbelt.
If my family and I are involved in a road traffic accident can we all claim compensation?
If you were all in the car and the accident was somebody else’s fault, you can all claim compensation and be represented by the same solicitor. The amount of compensation that you each receive will vary depending on the nature of your injuries.
When would my passengers and I need to find alternative representation?
If you are the driver of a car and the other party denies liability, your passengers could take action against you. This would be a conflict of interest and, at this stage, your passengers would need to find alternative representation.
If my passengers are children can they make a claim?
Yes, children who are passengers in a car can make a claim. They will need a Litigation Friend to act on their behalf. This can be a parent or family member. It is advisable to appoint an independent family member if, for example, a parent is the driver and there is potential for a dispute as to who caused the accident.