Passenger accident claims
We understand that when an accident happens on road, rail or water, it's not just the crew who can be hurt. The passengers travelling in the car, bus, train or ship can be seriously injured as a result.
We also understand the impact personal injuries can have on your life. You may be unable to work - which can put a strain on your finances - enjoy your hobbies or family life as you did before. You may also be struggling with your physical injuries and feeling upset and frustrated about what happened.
Our team of legal experts are here to help you get your life back on track following your accident. If you were hurt as a passenger and it wasn't your fault, you may be able to make a passenger claim against the driver. We know that this can't take away what happened, but it may give you the financial support you need to navigate a traumatic time and start getting things back to how they were.
The driver's duty of care to passengers
When you get on a bus, take a taxi or hop on a boat, the person at the controls must get you where you need to be as safely as possible - travelling carefully and responsibly throughout the journey. Legally, this is known as their ‘duty of due care' to you as a passenger.
Unfortunately, if due care is not shown and an accident happens, it can cause serious injuries - or even fatalities. If you or your loved one was hurt in an accident because of someone else's negligence, you may be able to make a passenger accident claim.
What are common reasons for passenger accident claims?
What are common reasons for passenger accident claims?
No matter when or where you're travelling, the driver must take due care so that you and other passengers are safe throughout your journey. If they fail to do this and it causes you injury, you may be able to make a passenger claim against the driver or the transport operator. For example, if you were in an Uber car accident, as a passenger, you may be able to claim compensation for your injuries and the impact they've had on your life.
There are many situations that can lead to public transport accidents. Here are some of the common reasons for passenger accident claims:
- A collision with another vehicle, for example if you were in a car accident as a taxi passenger
- Heavy braking caused you to hit your head on the seat in front, or fall over on a bus or train
- Not having enough time to get off the bus which meant you fell over
- Poor road conditions that led to an accident, such as potholes
- Reckless driving, for instance if the driver was under the influence of drugs or alcohol and you were unaware
These are just some of the things that can lead to car, ship or bus passenger accident claims - so if you don't see your situation here, please don't worry. We may still be able to help you. If you're unsure whether you can make a passenger claim for whiplash, or any other injury, get in touch with our friendly legal team to talk things through by calling or requesting a call back. We'll listen carefully and confidentially to what happened and let you know if we think you can make a claim.
How much can a passenger get in a car, bus or ship accident claim?
How much can a passenger get in a car, bus or ship accident claim?
As all claims are different, we can't say exactly how much a passenger can get in a car accident, bus or boat injury case until we've investigated the details. Your lawyer will work out the right amount of compensation by looking at several factors, like the type of injury you have, the impact it's had on you and your loved ones, and how the accident has affected you financially.
Our expert legal team will use the Judicial College Guidelines and other methods to work out how much you could potentially win if your case is successful. These guidelines give you a rough idea of what you could expect - but please note they are a guide, and the final amount will depend on things like the severity of your injuries, the recovery time and the accident circumstances.
As experts in personal injury, we've helped many people with their passenger accident claims, so you can be sure you're in the best hands when you start your case with us. We'll work hard to get you the result you deserve and keep you informed at every stage.
The rules for making a small personal injury claim following a road traffic accident changed on 31st May 2021. The government has introduced a tariff for whiplash claims linking compensation awards to the duration of the injury. They are designed to reduce the number and cost of exaggerated or fraudulent claims plus reduce motor insurance premiums for drivers. The changes mean Compensation for soft tissue and whiplash injury claims is now fixed, banded by severity, and lower than before.
The new fixed levels of compensation for soft tissue and whiplash injuries caused in road traffic accidents are shown in the table below:
Whiplash \ soft tissue injury duration (months) | Revised damages - whiplash only | Revised damages - whiplash including mild psychological injury |
Not more than 3 months | £240 | £260 |
More than 3 months but not more than 6 | £495 | £520 |
More than 6 months but not more than 9 | £840 | £895 |
More than 9 months but not more than 12 | £1,320 | £1,390 |
More than 12 months but not more than 15 | £2,040 | £2,125 |
More than 15 months but not more than 18 | £3,005 | £3,100 |
More than 18 months but not more than 24 | £4,215 | £4,345 |
Is it possible to make no win no fee passenger accident claims?
Is it possible to make no win no fee passenger accident claims?
Yes - most of the time we take passenger accident claims on a no win no fee basis. If we can take your case on using no win no fee, our team will explain this in full, so you know exactly what to expect. We aim to make the process as simple and straightforward as we can, so rest assured there are no hidden or complicated fees.
If your passenger accident claim is unsuccessful, you won't need to pay your lawyer any fees. Your solicitor may need to take out special legal protection insurance for you, which pays the costs if your claim fails, and ensures making a claim is risk-free. The cost of this is only taken if you win your case. You'll never have to pay anything upfront, there are no hidden charges and so you'll never be out of pocket.
If you win your claim, your solicitor will typically make the following deductions from the compensation you are awarded:
- A ‘success fee' for winning the claim.
- The other side will usually be required to make a payment towards your legal costs - and expenses but any shortfall may also be deducted from your compensation.
- The cost of the premium for any legal protection insurance you may have needed to ensure your claim is risk free.
You keep the rest and this will always be the majority of the compensation awarded to you. The deductions we list above will only be made when your compensation is paid. There are no upfront costs and no hidden charges.
Frequently asked questions...
- Seek medical attention for all injuries straightaway.
- Report the incident to the police and your insurance company without delay - with the other driver's car registration number if you were able to get it.
- If you have a dashcam, check the footage to see if it captured useful evidence like the other party's registration number, car type or driver identity.
- Check with Highways England to see if they have CCTV coverage in range of the incident location.
- Email them at info@highwaysengland.co.uk, marking your request 'Urgent CCTV Request' and include precise location details - or call them on 0300 123 5000.
- They only store footage for five days so don't leave it too late.
- Call us - register your claim and open MyAccount with us.
- We'll make contact with the MIB on your behalf and report back to you.
- Collect as much good quality photographic evidence as you (or a friend on your behalf) can:
Depending on the circumstances, you may be able to make a claim on behalf of a loved one. For instance, you can claim on behalf of your child if they were injured and under the age of 18.
You may also be able to claim on behalf of an injured person who's suffered head or brain trauma, or someone who has a pre-existing medical condition which means they are unable to make a decision themselves. The Mental Capacity Act 2005 is in place to protect vulnerable parties and help people establish when a person lacks capacity to make their own decision.
If you are claiming on behalf of a loved one, it is important you have all the details of their accident and medical treatment. A personal injury solicitor will be able to take you through this and explain how the compensation claim process works in these situations.
If your loved one has died due to an accident that wasn't their fault, we understand how difficult it can be to cope. While we can't take back what happened, we can help you to claim compensation which may relieve some of the financial pressure you're facing.
The Court Funds Office releases the money after the child's 18th birthday - but small amounts can be paid out if a Judge believes it to be in the child's best interests.
Yes, absolutely. If you're injured in a road accident as a driver, rider, passenger, cyclist or pedestrian, always report it to the police as soon as you can (and your motor insurance company if you were the driver or rider).
Make sure you also report it to your GP (particularly if you needed a visit to A&E). For injuries from trips, slips and falls in public, make sure you see your GP and inform the body responsible in writing - this could be the local council, a local business, a property landlord or even your employer. If it's a claim for historical injuries then there's no need to report it to the police.
As soon as is practical, start recording the evidence. Take several good quality close-up photographs of your injuries from different angles, especially if they're to the face. Remember to photograph the scene of the incident too: get pictures of the defect, hazard or road layout and also images of the wider area that show its state of repair.
Don't forget to check if there's a CCTV camera in range - if there's footage, it could be invaluable for supporting your case. Should you be incapacitated by the accident, ask a trusted friend or family member to take care of the notifications, photography and evidence-gathering for you. Finally, give us a call on 0800 917 0490 to chat through what happened.
We're here to help.
Is there a time limit?
Is there a time limit?
Usually, you have three years from the date of the injury to make a bus, ship or car accident passenger claim. However, in some situations this time limit may change. For example:
- If you were under 18 years of age when the incident occurred, then you have until the time you turn 21 to claim for compensation.
- There's no upper time limit if you're claiming for someone who, for whatever reason, lacks the mental ability to make a passenger accident claim. As stated in the Mental Capacity Act 2005, a person must be assumed to have capacity unless it is established that they lack capacity. If you're unsure, please don't hesitate to give us a call and we can help.
If you think it's getting close to the end of this three-year limit, please get in touch with us while we can still help you.
Why choose National Accident Law?
Why choose National Accident Law?
Here at National Accident Law, we're dedicated to helping you get your life back on track. Our friendly team of legal experts are here to listen to what happened and help you decide what to do next. Please know that we'll never pressure you into making a claim - it's completely up to you if you'd like to go ahead.
We want to make claiming bus, ship or car passenger compensation as easy as possible, so you can focus on your recovery. That's why we've made the process simple and straightforward - no legal jargon, no confusing paperwork. You can keep track of your claim online through our handy platform MyAccount - anytime, anywhere. After all, we all manage many parts of life from our phones or computers, so why should it be different with passenger accident claims?
If you're not keen on managing your claim online, that's absolutely no problem. We're here to talk to you on the phone and we can send you documents through the post. While we understand that making a passenger claim against a driver may seem daunting - you can be confident that our team of expert lawyers will be here to support you every step of the way.
Any compensation you win can help cover the costs of medical treatment you may need as well as make up for any lost earnings if you've had to take time off work. We know that this financial support may take some of the stress away after your accident, so we'll do all we can to get you the positive result you deserve.
Being a passenger in an accident that wasn't your fault can feel quite daunting when wanting to claim compensation, however we are here to make you feel at ease and have all the information readily available so that you feel completely supported.
Ethan Cook
Paralegal, National Accident LawHow do I make a passenger accident claim?
How do I make a passenger accident claim?
If you've been in an accident as a passenger and it wasn't your fault, you may be entitled to damages. We've made claiming for bus, ship and car passenger compensation as easy as possible. You can get in touch with our specialist team on , request a call back or complete our claim online tool to start your claim online.
Start your claim online
Use our market leading calculator to start your claim online. It can give you an indicative claim valuation, plus confirm if you can manage your case online through our MyAccount customer account area.
Claim online