I Was A Passenger In A Car Accident – Who Do I Sue?

In a Road Traffic Accident (RTA), drivers could claim compensation for injuries they’ve sustained as a result of another driver’s negligence. But who do you sue if you’re a passenger in a car accident? Do you claim against the driver of your vehicle or someone else involved in the accident? Do you have to use a solicitor provided by your driver’s insurance company? In this article, we’ll try to answer these questions and more to help passengers injured in a car accident claim the compensation they deserve.

To find out if you can sue as a passenger and who to sue, call us for a free initial consultation where an advisor from our team will listen to what happened, consider any proof and give advice about what you might do next. If a claim is likely to succeed, a personal injury lawyer on our panel may agree to represent you on a No Win, No Fee basis. That will mean you don’t pay for their work unless you receive compensation.

Call today on 0800 652 1345 to discuss your case or read about what rights passengers have following a car accident.

I was a passenger in a car accident, can I sue?

The first thing to establish if you were a passenger in a car accident is whether you can sue. That’s not always obvious and that’s one of the reasons we offer a free consultation where a specialist will examine the facts of the case and work out who was to blame for the accident.

As such, before a solicitor from our panel agrees to work for you, an advisor will discuss with you relevant points such as whether the defendant in your claim breached their duty of care through negligent driving, whether the car accident, in which you were a passenger, occurred as a result of that negligence, and whether you sustained injuries that you could be compensated for because of the accident.

If a claim seems possible, or if not, the solicitor will let you know either way.

Did the driver owe me a duty of care?

The Road Traffic Act 1988 sets out that all road users have a duty of care to try to avoid accidents by taking reasonable steps. That means that car passengers are owed a duty of care by the driver of the vehicle they’re travelling in as well as drivers of other vehicles on the road around them.

The steps drivers must take to try and avoid injuring passengers and other road users include:

• Driving safely and within the speed limit at all times (as set out by the Highway Code).
• Leaving a safe braking distance between vehicles.
• Not using a mobile phone, satnav or entertainment system while driving.
• Obeying traffic signals.
• Not driving under the influence of alcohol or drugs.
• Driving a vehicle that has a valid MOT certificate and insurance policy.

If you have been involved in an accident as a car passenger and would like to check if you could be compensated, please call us today.

Types of injuries passengers could sue for

Effectively, the criteria above mean that if passengers sue following a car accident, they could claim for any type of injury. Some of the most common include:

• Cuts and bruises.
• Fractured bones.
• Soft tissue injuries.
• Head injuries.
• Back injuries.
• Whiplash injuries.
• Airbag-related injuries.

Since 2021, whiplash injuries can be self-managed through a government portal if they’re valued at less than £5,000. You can still call our team though if you’d like to check the potential value of your claim.

Who could passengers sue following a car accident?

In this section, we’ll review the different parties passengers could sue if they’ve been injured in a car accident.

If you’re not sure who you should sue following a car accident, please call our team on 0800 652 1345. A specialist will analyse what’s happened and provide free legal advice on who you could claim against.

Providing proof

Any compensation awarded to passengers involved in car accidents is dependent on how much they’ve suffered physically, emotionally and financially. In general, a car passenger injury claim could include compensation for:

• Discomfort, pain and suffering caused by physical injuries.
• Flashbacks, sleep problems, anxiety and other types of emotional suffering.
• Travel costs incurred during medical appointments for example.
• Care costs.
• Personal property damage.
• Loss of amenities to cover activities and hobbies affected by your injuries.
• Medical expenses.
• Loss of earnings (including future losses).
• Accessibility modifications to your home, if you’re injuries, are long-term or you’ve been left with a disability.

To try and secure the correct level of compensation, your solicitor will review your case in detail with you before submitting it.

What proof do I need to sue as a passenger in a car accident?

If you sue for an accident as a car passenger, your claim will be made against the motor insurance policy of the person responsible for the accident. If you’ve ever dealt with an insurance company, you’ll know that, unless they really have to, they don’t like paying compensation. As such, it’s down to you and your solicitor to find and present as much supporting proof as possible. This could include:

• Details of all vehicles. Make a note of the registration number, make, model and colour of all vehicles involved in the accident. As a passenger, you are entitled to ask other drivers for their personal details and information about their insurance policies too.
• Accident scene photographs. These could help your solicitor to explain who caused the accident and why you were injured.
• Witness statements. There may be others who saw what happened who could provide a statement for your solicitor to help piece together the events leading up to the incident.
• Medical records. When claiming personal injury compensation following a car accident, it’s important to prove you sought treatment. So, X-rays, medical notes and test results may be requested by your solicitor.
• Video footage. You can ask for a copy of any dashcam footage of the accident in which you were injured. Whether this is from the vehicle you were travelling in or those nearby, you should request a copy as soon as possible before it’s overwritten.
• Financial records. You may be entitled to claim back some of the costs linked to your injuries so remember to forward your solicitor bank statements, wage slips, receipts and other supporting information if requested.

If you’ve not got everything listed here, don’t worry. Simply call for a free consultation, tell us about any proof you do have and your solicitor will try to find the rest if your claim is accepted.

How long do I have to lodge a claim?

You might already understand that there is a 3-year time limit for road traffic accident claims in the UK. Usually, this limitation period will begin from the date of the accident. It’s a good idea to get going early with your claim so that there’s enough time for your solicitor to carry out their duties before the claim is filed. Leaving your claim too late may result in you being denied the compensation you might be entitled to.

Once your claim is filed, you could receive interim payments before it has been processed if the defendant’s insurer accepts liability for the accident. These early payments could help by covering any reduction in earnings, medical expenses or care costs.

For child passenger accident claims, the time limit is still 3 years but this doesn’t start until the claimant’s 18^th birthday. A parent or guardian could therefore lodge a child’s personal injury claim before then.

No Win, No Fee claims

Anyone who is hurt in a car accident caused by someone else could be entitled to claim compensation for their injuries. Furthermore, they could be represented by a personal injury solicitor from our panel on a No Win, No Fee basis which usually makes claiming less stressful.

If your claim is taken on, you won’t need to pay legal fees upfront and you certainly won’t pay any if the claim fails. In fact, the only time you’ll pay your solicitor for their work is if you are paid compensation for your injuries.

When you get in touch, you’ll be sent a Conditional Fee Agreement (CFA) if your solicitor is happy to take on your claim. This contract will explain that a legally capped success fee of up to 25 per cent of any compensation you receive will be used to pay for the solicitor’s efforts if your claim is successful.

After you have both signed the contract, your solicitor will start working on your claim, generally meaning they’ll:

• Write to the defendant or their insurer to let them know your intention of suing them.
• Collect legal and medical proof to support your claim.
• Take on responsibility for all communication so you don’t have to answer any difficult questions directly.
• Let you know how the case is progressing by providing regular updates.
• Try to ensure that you are compensated fairly for your suffering.

Contact us today to see if you can sue as a car passenger on a No Win, No Fee basis.

Start a personal injury claim today

The first step to starting a claim today is to call 0800 652 1345 for a free initial consultation. A member of our team will speak with you about what happened, establish who might be to blame and work out if you’ve got a strong enough case to proceed.

If you do, a personal injury lawyer on our panel may offer to take your claim on. If they do, their representation will be provided on a No Win, No Fee basis. As such, you won’t be expected to pay any legal fees upfront and none will be charged if the claim is lost.

Please use live chat to connect with us if you have any further questions about who to sue if you’re a passenger in a car accident, or arrange your free consultation here.