If a car passenger injury has set you back, we'll help you move forward
Passengers in a car accident can suffer injuries as severe as drivers and have the same right to seek compensation. Unlike drivers, passengers are almost never at fault for road accidents.
If you or a loved one has been injured as a passenger, whether due to another road user or the driver of the vehicle you were in, you can claim compensation. With the support of a personal injury solicitor, you can make a road injury claim on a No Win, No Fee basis.
A solicitor will help establish liability and guide you through the legal process to ensure you receive the compensation you deserve.
Essential points when making a car passenger injury claim
- There is a 3-year time limit from the date of the road accident to start your claim.
- You can make a no win, no fee claim.
- Your compensation is based on how serious your injury is, along with your financial losses and expenses. Check our compensation calculator to see how much you could claim.
- You can claim if you were a passenger in the vehicle that caused the accident.
- You can still make a claim, even if the other road user was uninsured or you couldn't get their details.
- It's still possible to claim, even if you believe you were partly at fault for your injuries (e.g. you weren't wearing a seatbelt).
With nearly 75,000 car occupant injuries every year, you are not alone
Car passenger injuries are fairly common occurrences in road traffic accidents in the UK, often resulting in a range of injuries from minor bruises to more severe or even life-threatening injuries.
In 2023, there were 749 car occupant fatalities and 72,155 casualties (gov.uk).
Regardless of whether you were travelling in a vehicle hit by a negligent driver, or a passenger in the car where the driver caused the accident, you can usually make a claim for compensation.
Common car passenger injuries
A solicitor with experience in road accidents can assist passengers who have suffered a range of injuries, from minor to severe. Common injuries include:
I was injured as a passenger - who is liable for my injury?
In most cases accidents are caused by a driver, either of the vehicle in which the passenger was travelling, or the driver of another car, van or HGV lorry.
There are occasions where this is not the case; where the poor condition of the road may have caused the accident or the accident was precipitated by poor street or road lighting.
In any case, and irrespective of whether another road user or a local authority is responsible, a passenger wearing a seat belt and riding in a safe manner is rarely considered to be even partly liable for their injuries.
You can make a claim against whichever driver caused your injury, even if it was the vehicle you were riding in that caused the accident.
Drivers owe a legal a duty of care to their passengers
All drivers have a legal duty of care to ensure the safety of their passengers. This means they must drive responsibly, follow traffic laws, and take all reasonable precautions to avoid accidents. If a driver fails to meet this duty, such as through reckless driving, speeding, or negligence, they can be held liable for any passenger injuries. This duty of care applies regardless of whether the passenger is a friend, family member, or a paying customer.
Who is responsible for passengers wearing seatbelts?
Passengers over 14 are responsible for wearing a properly adjusted adult seat belt, whether sitting in the front or rear of a private car. The passenger is responsible for ensuring that the seat belt they are wearing is properly adjusted.
For passengers under 14, the driver is responsible for their safety. This includes ensuring the child is correctly restrained with the appropriate child seat, booster seat, or seat belt.
Can I still claim if I wasn't wearing a seat belt?
You can still claim compensation for injuries sustained in a road accident, even if you weren't wearing a seat belt. However, the defendant may argue contributory negligence, which could reduce the total amount of compensation you receive.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How much compensation can I claim for a car passenger injury?
The compensation you can claim for an injury as a car passenger will depend on:
- the nature and severity of your injury,
- how your injury influences your daily activities and work abilities,
- the costs or financial losses you?ve experienced due to your injury.
Car passenger injury
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred because of your accident. In addition to paying for loss of earnings, special damages can cover any care costs and medical procedures you need, such as pain medication and physiotherapy.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average car passenger injury compensation payouts
The following car passenger injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Back injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | A back sprain, disc prolapse, soft tissue injury or minor fracture that fully recovers without surgery | £2,720 to £13,870 |
| Moderate | A disc lesion, prolapse, fracture or soft tissue injury leading to chronic conditions, including pain, mobility issues, impaired sexual function, psychological effects, a risk of arthritis, spondylolisthesis, and nerve root irritation | £13,870 to £30,800 |
| Severe | Severe spinal cord damage, nerve root damage, disc lesions, fractures and soft tissues leading to serious chronic conditions | £43,020 to £178,590 |
Chest injuries
| Severity | Example | Amount |
|---|---|---|
| Chest injury (no damage to lung) | A chest injury with no significant, permanent lung damage (e.g. a penetrating chest wound) | £13,970 to £19,930 |
| Damage to chest or lung | Some ongoing disability | £34,740 to £60,840 |
Facial injury
| Severity | Example | Amount |
|---|---|---|
| Multiple fractures | Multiple fractures of facial bones, with some facial deformity | £16,530 to £26,560 |
| Skeletal injuries | Le Fort fractures of frontal facial bones | £26,420 to £40,760 |
Neck injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Soft tissue injury | £2,720 to £8,750 |
| Moderate | Fracture or dislocation injuries, or worsening of existing conditions, including wrenching, disc lesions and cervical spondylosis | £27,730 to £42,700 |
| Serious | Severe fractures, dislocation, soft tissue damage, ruptured tendons, and/or chronic disability | £50,450 to £62,120 |
Post-traumatic stress
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Full, or near full, recovery within 1 to 2 years | £4,380 to £9,070 |
| Moderate | Mostly complete recovery | £9,070 to £25,680 |
| Serious | Significant impact on your life and work, and permanent effects but with a likelihood of improvement with professional support and treatment | £25,680 to £66,410 |
Whiplash
| Severity | Example | Amount |
|---|---|---|
| Recovery in under 3 months | Up to £220 | |
| Recovery in 3 to 12 months | £220 to £1,200 | |
| Recovery in 1 to 2 years | £1,200 to £3,830 |
Mental health support after a road collision
Road accidents can be shocking, traumatic events, often leaving a psychological impact alongside physical injuries.
According to our 2025 Road Injury Claimant Survey, 32.47% of injured road users suffered a psychological injury, 78.53% of these alongside a physical injury.
Injuries as a car passenger often result in amaxophobia (fear of driving or being a passenger), and Post Traumatic Stress Disorder (PTSD).
You can claim compensation for recognised psychological harm that arises from a road accident, including PTSD. Your solicitor will help ensure you can access help and mental health support that may not be available on the NHS in your area.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Am I eligible for car passenger injury compensation?
You can start a compensation claim for a car passenger injury, if:
- you were injured within the last 3 years, and;
- someone else was to blame, and;
- they owed you a legal duty of care.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
Is a claim still possible if I am partly liable?
Ascertaining who is liable for an accident is not always straightforward and can often involve blame on both sides.
In our 2025 Road Injury Claimant Survey, 5.24% of injured road users said they either were unsure of which party was responsible, or believed they were partially responsible for their injuries.
You can often still claim compensation even if you were partly to blame, as cases with shared fault usually settle with a split-liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long after a car passenger injury do I have to start a claim?
In most cases, you have up to 3 years from the date of your accident or injury to start a claim.
For an injured child, the three-year limitation period begins on their 18th birthday, giving them until they are 21 to start a claim.
Claiming compensation when a friend or family member was driving
Passengers may feel uncertain about claiming compensation when the driver is a friend or family member, especially if they fear the claim might affect the driver's insurance premium.
However, you should consider the financial support needed for your recovery, including treatment costs and lost earnings, which can add up quickly even with minor injuries. Additionally, a medical assessment may reveal a more severe injury than you initially suspected.
In most cases, the settlement will be handled by the driver's insurance company. If you have concerns about making a claim, it’s best to speak with a solicitor. We offer confidential advice, helping you understand your options.
What should I do after the accident?
The police should be contacted following a road accident. They will then make detailed notes of the accident, which can be used as evidence in a compensation claim if required.
In the event that the driver of a vehicle is subsequently found to be responsible for the accident, it is important for their passenger to have prepared their own account of what happened.
The passenger should obtain details of the driver of the vehicle in which he was travelling, including full details of the vehicle and insurance.
Alternatively, if the accident was caused by another vehicle, the passenger may assist their driver in gathering as much information as possible, such as:
- Obtaining the insurance details from other drivers involved
- Recording the other vehicle's details
- Noting the time and date of the accident, and the weather conditions
- Taking photographs of the scene if practicable and safe to do so
- Gathering the names and addresses of any witnesses
- Recalling and noting any circumstances leading up to the accident, such as the behaviour of other drivers
Claiming compensation if you were injured in a taxi
In 2023, there were 749 car occupant fatalities and 72,155 casualties (gov.uk). If you were injured as a passenger in a taxi you can make a compensation claim.
Read more:
FAQs
What if the driver responsible was uninsured or failed to stop?
If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).
The MIB is an independent that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.
Read more:
What evidence will I need to support my claim?
To support your injury claim as a passenger, gather as much evidence as possible from the scene of the accident. This includes photographs of the accident, your injuries, and any damage to the vehicles involved.
Get the contact details of any witnesses and, if possible, a copy of the police report. Medical records detailing your injuries and treatment are also crucial, as they provide proof of the harm you suffered. Keep receipts for any expenses related to your injury, such as medical bills or travel costs for treatment. The more evidence you can provide, the stronger your claim will be.
For more detail, see:
What evidence do I need to make a claim?
Can I claim on behalf of a child, friend or family member?
Yes, you can claim on behalf of another person if they are unable to do so themselves. For children under 18, a parent, guardian, or 'litigation friend' can make a claim on their behalf.
In the case of adults who are unable to claim due to their injuries or incapacity, a close friend or family member might step in as a litigation friend to handle the claim process. A solicitor can guide you through the steps and requirements for making a claim on someone else’s behalf.
For more detail, see:
Can I make a personal injury claim on behalf of someone else?
Can I make a no win, no fee car passenger injury claim?
Yes. With no win, no fee, you can claim car passenger injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a road accident specialist about your claim?
- Calls are FREE
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- No Win No Fee solicitors
Call 0800 376 1001
or arrange a callbackAuthor:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.