How To Sue For Compensation As A Passenger In A Car Accident

Would you like to know how to sue for compensation as a passenger in a car accident? If so, you may find this guide helpful. We will explore when you might be eligible to claim.

sue for compensation as a passenger in a car accident

A guide on how to sue for compensation as a passenger in a car accident

Additionally, we will discuss the steps you can take after being injured in an accident that was somebody else’s fault, such as the evidence you can take to support your potential road traffic accident claim.

Furthermore, this guide will explore the settlement you could receive after making a successful personal injury claim.

Our advisors can help if you still have questions after finishing this guide. They’re on hand 24/7 to provide you with free legal advice.

To speak with our team, you can:

About Suing As A Passenger In A Car Accident

  1. How to Sue For Compensation As A Passenger In A Car Accident
  2. What Evidence Do I Need To Sue For Compensation In A Car Accident?
  3. Compensation Payout Examples For Passenger Accident Claims
  4. How To Sue For A Passenger Car Accident With A No Win No Fee Solicitor
  5. How We Can Help You Make A Passenger Accident Claim
  6. Learn More About How To Sue For Compensation As A Passenger In A Car Accident

How To Sue For Compensation As A Passenger In A Car Accident

Road users, including drivers, owe one another a duty of care as set out in the Road Traffic Act 1988. Additionally, the Highway Code provides guidance and rules for each different road user to follow. As such, all road users must navigate the roads in a way that minimises the risk of causing harm to others.

If another road user fails to uphold their duty of care, this could cause an accident that sees you becoming injured. The injuries you could sustain may vary in type and severity. For example, someone could sustain a minor break or fracture, such as a broken cheekbone or broken ankle.

There are various road users that could be responsible for causing you harm as a passenger. For example:

  • The driver of the car you occupied
  • The driver of another vehicle

There may also be instances where you are partially responsible for the accident in which you sustained harm. In these cases, you may still be able to seek compensation by making a split liability claim.

However, to hold a valid claim following a road traffic accident, you must prove that another road user breached the duty of care they owed you and caused you harm. They also must have been partially or fully responsible for the accident or the injuries you sustained.

For example, another driver makes an illegal move on a roundabout. They crash into the passenger side of the car you are in, and you suffer a broken rib and broken forearm.

To find out whether you’re eligible to sue for compensation as a passenger in a car accident, call us on the number above.

Reported Road Accident Statistics UK

The Department for Transport have released provisional statistics on reported road casualties in 2021 for Great Britain.

These statistics state that in 2021 there was an estimated:

  • 27,300 casualties killed or seriously injured.
  • 1,560 reported road deaths.
  • 127,967 reported casualties of all severities.

What Evidence Do I Need To Sue For Compensation As A Passenger In A Car Accident?

When you sue for compensation as a passenger in a car accident, you will need to provide evidence of who was liable for the accident and proof that you were injured due to the accident.

Some evidence you could collect to help support your claim can include:

  • Witness contact details, so your lawyer can collect a statement from them when needed.
  • CCTV footage or footage from dashcams or traffic cameras.
  • Police reports, if applicable.
  • Medical reports containing details of your injuries, including the diagnosis and treatment you received.

These types of evidence can be useful in proving the accident happened and that you were injured as a result.

For more information on the evidence you can gather to support your claim, call us on the number above.

Compensation Payout Examples For Passenger Accident Claims

How much compensation you may receive in your personal injury claim will depend on various factors. However, generally, your settlement could comprise up to two heads known of general damages and special damages.

The general damages head of claim seeks to compensate for the ways in which your injuries have compensated your quality of life. Consideration will be given to the pain and suffering caused and the severity of your injuries.

Any financial losses you have accumulated due to your injuries are compensated via special damages. This includes both past and future expenses. For example, lost wages, travel expenses, and home renovations to accommodate your injuries could be claimed back under special damages.

You will need to provide evidence to receive general and special damages. For special damages, this could be bank statements and receipts.

For general damages, this can be a copy of your medical report. Furthermore, solicitors may also use the Judicial College Guidelines (JCG) to help them value the general damages portion of your claim. The JCG contains bracketed compensation amounts for different injuries. We have included these in the table below. However, you should use these figures as a guide only because several factors are considered when valuing your injuries.

Injury Average compensation amount
Neck Injuries - (a) Severe (i)In the region of £148,330
Injuries to the Pelvis and Hips - (a) Severe (i)£78,400 - £130,930
Knee Injuries - (a) Severe (i)£69,730 - £96,210
Knee Injuries - (b) Moderate (ii)Up to £13,740
Injury resulting from brain damage - (c) Moderate (iii)£43,060 - £90,720
Back Injuries - (a) Severe (iii)£38,780 - £69,730
Arm Injuries - (b) Fracture£39,170 - £59,860
Injuries to the Elbow - (a) Severe£39,170 - £54,830
Leg Injuries - (b) Severe (iv)£27,760 - £39,200
Wrist Injuries - (b) Severe Injury£24,500 - £39,170

If you would like to sue for compensation as a passenger in a car accident, speak with one of our advisors today. We can offer you free legal advice regarding your claim.

How Will The Whiplash Reform Programme Affect My Claim?

On the 31st of May 2021, the Whiplash Reform Programme made changes to the process of seeking compensation for low value road traffic accidents. As such, drivers or passengers of vehicles, who are over the age of 18 and sustained injuries worth £5,000 or less, must now claim via the government’s online portal.

When making a claim via the portal, your injuries are valued in line with the tariff of injuries provided in the Whiplash Injury Regulations 2021.

If you are unsure which avenue to take to seek compensation, you can speak with an advisor today.

How To Sue For A Passenger Car Accident With A No Win No Fee Solicitor

If you are apprehensive about seeking legal representation but are concerned about the cost often associated with doing so, you might find the option of working with a No Win No Fee solicitor beneficial.

We can connect you with a personal injury solicitor from our panel who could represent you via a No Win No Fee agreement. There are many variations of these types of agreements, one of them being a Conditional Fee Agreement (CFA).

Under a CFA, you will have to pay something called a success fee if your claim succeeds. The amount is legally capped and is taken from your compensation.

If your claim is unsuccessful, you won’t be required to pay for the services your solicitor provides.

If you would like a solicitor from our panel to help you sue for compensation as a passenger in a car accident, speak with us today.

How We Can Help You Make A Passenger Accident Claim

Although we’ve tried to cover as much information as possible, we understand that you’ll probably still have questions. Alternatively, you may be ready to sue for compensation as a passenger in a car accident.

Either way, our advisors can help with free legal advice. To get in touch, you can:

Learn More About How To Sue For Compensation As A Passenger In A Car Accident

Please find some additional resources below.

If you want more information on how to sue for compensation as a passenger in a car accident, call us today.

Article by ROB

Edited by MIT