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If you are seriously injured in a road traffic accident whilst a passenger in a vehicle, you may be entitled to claim compensation.

Drivers have a legal duty to drive safely to avoid injury to other road users, including their passengers. Whether the accident was caused by the driver of the vehicle you were in, another driver or a third party, such as the highway authority,  as an injured passenger you are most likely to have a claim.

Recent cases include:

  • £337,500 compensation for a passenger who was injured in a taxi accident whilst failing to wear a seatbelt
  • £100,000 compensation for a pillion passenger who suffered a fractured elbow and soft tissue injuries.
  • £45,000 for a passenger in a car accident who knew the driver had been drinking was over the limit.
  • £160,000 for passenger who suffered spinal fractures in a one vehicle accident caused by her intoxicated partner.

Why use Boyes Turner to make a claim?

Road accidents can leave passengers of cars, motorcycles, buses and other vehicles with devastating injury. Severe disability affects every aspect of the injured person and their family’s life.

If you or a family member have been severely injured in a road accident, our serious injury lawyers can usually secure immediate funding from the driver’s insurers for rehabilitation to maximise recovery. We have the necessary skills and experience to help injured RTA passengers obtain full compensation, make their best recovery and receive the necessary support to rebuild their lives.

Who can claim compensation for injuries as a passenger?

Passengers commonly claim compensation if they have suffered serious injury in:

  • collisions involving cars, taxis, buses and commercial vehicles, such as vans or trucks;
  • single vehicle accidents, where the vehicle collides with a tree or wall, rolls or runs off the road;
  • motorcycle accidents as a pillion passenger;
  • cycling accidents (usually where the passenger is a child on the back of a parent’s bike);
  • as a passenger travelling by rail, air and sea.

As an injured passenger in an RTA, who do I claim from?

Passengers who have been seriously injured in an RTA may have a claim against one or more defendants, depending on the cause of the accident. These can include:

  • the person who was driving the vehicle they were in/on when the accident occurred;
  • the driver of another vehicle which was involved in the accident;
  • the highway/public authority responsible for the road, if roadworks, road signs or other road conditions caused the accident; 
  • the Motor Insurers’ Bureau (MIB) – if a hit and run or uninsured driver caused the accident.

Passenger injury claims often arise when one or more drivers has caused serious injury by:

  • speeding;
  • driving dangerously;
  • losing control of a vehicle;
  • not paying attention or becoming distracted;
  • talking or texting on a mobile phone;
  • overtaking dangerously;
  • driving through a red traffic light;
  • failing to give right of way;
  • failing to stop at a road junction;
  • turning without indicating; 
  • drunk driving;
  • driving under the influence of drugs;
  • driving an unroadworthy vehicle, such as defective tyres, brakes or lights.

Claims also arise after the police, council or highway authority cause an accident by:

  • inadequate road signs;
  • poorly maintained or unsigned temporary road surface;
  • incorrect placement of cones, skips and other road hazards;
  • unsafe road layout or conditions.

What kind of injuries lead to passenger accident compensation claims?

As specialists in serious injury and permanent disability, we have recovered compensation for road accident victims who have suffered:

  • head injury/skull fracture;
  • brain injury and neurological disability;
  • spinal injury;
  • paralysis;
  • amputation;
  • major trauma and multiple injuries;
  • facial injuries;
  • degloving injuries;
  • severe scarring and disfigurement;
  • severe or multiple orthopaedic injuries (broken bones) ;
  • PTSD and psychological injury;
  • chronic pain and CRPS;
  • fatal injury.

What compensation can I get for serious injury as a passenger in an accident?

Each client’s compensation claim is carefully assessed to ensure that their compensation will meet their additional needs arising from their injury or disability. The amount of the compensation they can claim depends on the severity of their injury and disability, their needs and losses arising from their injury and their individual circumstances.

Passenger injury settlements may include compensation for:

  • pain, suffering and disability;
  • rehabilitation costs;
  • case management;
  • care;
  • home adaptations or the extra costs of buying a suitable home;
  • specialist equipment and aids;
  • prostheses – after amputation;
  • loss of earnings and pension;
  • transport and mobility costs, including wheelchairs and adapted vehicles;
  • medical or surgical costs;
  • therapies, including:
    • physiotherapy;
    • occupational therapy (OT);
    • speech and language therapy (SALT);
    • hydrotherapy;
  • psychological treatment, counselling and support;
  • vocational rehabilitation (to help the injured person return to work);
  • assistive technology and IT;
  • special education (SEN) costs (if a child);
  • Court of Protection deputyship costs;
  • loss of dependency on income or services for the bereaved dependents after a fatal injury.

Claims for serious injuries are complex and should be handled by specialist solicitors to ensure that the injured person receives their full entitlement to compensation. You should never accept a direct offer of settlement from another party’s insurer without seeking specialist legal advice. By doing so, you could permanently lose your right to claim substantial compensation.

If you are contacted directly by the insurance company for a potential defendant, and they offer you a compensation settlement, we strongly recommend that you contact us immediately to discuss the potential value of your claim. 

Can I make a claim for my injuries as a passenger if no other vehicles were involved?

As a passenger you are likely to have a claim against the driver of the vehicle you were in, if they lose control of the  vehicle, causing you injury. You may also have a claim against the highway authority. Common claims arise from passengers being injured when the car they are in hits a tree or other object, rolls or swerves and leaves the road.

Can I make a compensation claim against the driver if they were a family member or friend?

Making the decision to claim after an accident can be difficult, particularly if the driver was also injured, or if they are someone that you know. Drivers are required by law to have insurance and it is their insurer which compensates their passengers and anyone else who suffers injury as a result of their negligent driving.

At Boyes Turner, we are experienced in acting for injured clients in claims involving family and friends. We handle these claims with sensitivity, compassion and care, to ensure that the injured person’s immediate need for rehabilitation and ongoing needs arising out of their injury are met by the defendant’s insurer.

Can I claim passenger accident compensation if I was partly to blame for the injury?

As an injured passenger, your compensation may be reduced if your own behaviour partially caused or contributed to your injury, but you may still have a claim. These situations include:

  • failing to wear a seatbelt;
  • failing to wear a helmet (if on the back of a motorbike);
  • where the driver was drunk or under the influence of drugs;
  • where the driver was underage or not competent to drive the vehicle.

We recommend that any passenger who has suffered serious injury in a road accident should seek specialist advice before making their own assessment about the strength, weakness or value of their claim.

Do you have a personal injury claim?

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Road traffic accidents cases

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"Happy to recommend your services"

Thank you again for all you have done for us and the way you have done it. We would be happy to recommend your services to anyone else in a similar position.

Boyes Turner client

"I’m proud of what I’ve achieved in my recovery"

"It really does turn your life upside down in a moment, not just for me but for my family as well. It’s been a difficult journey, sometimes very emotional, but I’m proud of what I’ve achieved in my recovery and in being able to tell this story tooMy story shows what can be achieved with the support of the right people and a little determination. I look back on where I was and I’m delighted with where I am now. I’ve still got a way to go and I still have some effects from the accident to deal with but I hope people see what I’ve achieved and it helps them as they begin their recovery."

Jessica Stevens

"We'd like to express our thanks to Kim and the team at Boyes Turner..."

We’d like to express our thanks to Kim and the team at Boyes Turner for the expertise, experience and professionalism in handling our daughter’s serious injury claim following a road accident. From arranging a team of rehab specialists and the necessary funding to the negotiation of the final very satisfactory settlement, the whole operation has been conducted very smoothly and we can recommend their service to anyone in a similar position.

"Thank you so much for all you have done..."

Thank you so much for all you have done for C and the family. I know that you have absolutely given it everything you’ve got and your devotion and commitment to the case has been spectacular.

Third party forensic accountant

"I wanted to take the opportunity to express my thanks..."

I wanted to take the opportunity to express my thanks to you for your professional attitude and handling of the claim throughout this tragic case.  It is in cases like this where the compensation can never compensate for the loss suffered, but hopefully it will help in some way to move forward.

Third party insurer